What is quasi-contract under section 68 to 72?
Asked by: Miss Madelyn Walter III | Last update: January 26, 2026Score: 4.3/5 (4 votes)
Quasi-contracts under Sections 68-72 of the Indian Contract Act, 1872, are legal obligations resembling contracts, imposed by law to prevent unjust enrichment, not based on mutual consent but on principles of fairness, equity, and justice, covering situations like supplying necessities to incapable persons (Sec 68), reimbursement for payments made on another's behalf (Sec 69), obligations for non-gratuitous benefits received (Sec 70), finder of lost goods (Sec 71), and repayment of money paid by mistake or coercion (Sec 72).
What is Section 68 to 72 of the quasi-contract?
Sections 68-72 provide a vital framework for addressing obligations resembling contracts in the absence of explicit agreements. Based on the doctrine of unjust enrichment, these provisions ensure fairness and prevent undue benefit.
What exactly is a quasi-contract?
A quasi contract is a legal obligation imposed by law to prevent unjust enrichment. This is also called a contract implied in law or a constructive contract.
What are the two types of quasi-contracts?
CIVIL LAW: QUASI-CONTRACTS - Kinds
The two principal kinds of quasi-contracts under the Civil Code are negotiorum gestio and solutio indebiti, but the law recognizes other instances akin to quasi-contracts.
What is Section 72 of the contract?
A person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.
Quasi Contract | Section 68-72 | Indian Contract Act | Examples | Hindi Explanation
What are the four types of contracts?
While many types exist, four common contract classifications include Bilateral (mutual promises), Unilateral (promise for an act), Express (explicit terms), and Implied (inferred from actions), often categorized by the exchange, formation, or performance status of the agreement, with others focusing on payment (Fixed-Price) or enforceability (Voidable).
What is Section 68 of the Indian Contract Act case law?
Section 68 of Indian Contract Act, 1872 states that if someone provides necessities to a person who is unable to contract due to legal incapacity such as minors or persons of unsound mind the supplier is entitled to claim reimbursement from the property of the incapacitated individual.
What is the best example of a quasi-contract?
Consider this: A landscaper accidentally mows your neighbor's lawn instead of yours. While there was no agreement between them, your neighbor benefited from the service. A court might create a Quasi contract requiring your neighbor to pay a reasonable fee for that service.
What does quasi mean in law?
The word quasi is Latin for “as if” meaning, almost alike but not perfectly alike. In law, it is used as a prefix or an adjective to inform some measure of similarity with a critical difference. A quasi-item is not an accurate example of the item, but it is close to the item minus some critical elements of the item.
What are the two keys to a quasi-contract?
Legal Basis and Key Elements of a Quasi Contract
Knowledge of Benefit: The defendant must have knowledge or awareness of the benefit. Acceptance and Retention: The defendant must accept or retain the benefit under circumstances making it unjust not to pay for it.
What are the disadvantages of a quasi-contract?
Cons of Quasi-contract
Lack of mutual agreement: One of the main drawbacks is the absence of a mutual agreement between the parties involved. Unlike traditional contracts, where both parties willingly agree, quasi-contracts are imposed by the court based on the principle of unjust enrichment.
What is the difference between a contract and a quasi-contract?
Contracts and quasi contracts are legal concepts that establish obligations between parties. While contracts are explicit agreements with defined terms, quasi contracts come into play when there is an absence of a formal agreement but a legal obligation still arises.
Are quasi contracts actual contracts?
Quasi-contracts are not actual contracts; they are legal constructs to address fairness. People often confuse quasi-contracts with torts; however, they serve different legal purposes. Not all benefits received create a quasi-contract; the circumstances must indicate unjust enrichment.
What exactly defines a quasi-contract?
Quasi-contracts arise when one party benefits at another's expense without a formal agreement in place. The law intervenes to require repayment or compensation, treating the situation “as if” a contract existed. This principle is based on equity and the idea that no one should unfairly profit from another's loss.
Is a written agreement needed for quasi-contract?
While both involve obligations without a formal agreement, quasi contracts are specifically imposed by courts to prevent injustice. Some believe that a quasi contract requires a written agreement. In reality, it arises solely from the circumstances of the case.
What is Section 72 of the Indian Contract Act case law?
Section 72 of the Indian Contract Act, 1872 recognised that a person to whom money has been paid, on anything delivered, by mistake or under coercion, must repay or return it.
What is an example of quasi?
The two men are quasi neighbors; both have homes in the Miami area. Some of the states suing are home to quasi-state agencies that service these types of loans. Some of those can be quasi-invasive if they're not kept in check.
What is Section 68 of the quasi-contract?
Section 68: If a person, incapable of entering into a contract, or any one whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person.
What is a quasi-contract in civil law?
A quasi-contract involves a juridical relation that the law creates on the basis of certain voluntary, unilateral and lawful acts of a person, to avoid unjust enrichment. (Metropolitan Bank & Trust Company v. Absolute Management Corporation, G.R. No.
Is quasi-contract the same as promissory estoppel?
Differences. While both rely on a type of agreement between two parties, only in the case of promissory estoppel was there a promise made by one party to compensate the other. This promise wasn't legally binding but counts as a reasonable expectation. Quasi contracts can be applied when this is not the case.
What are the remedies of a quasi-contract?
When disputes arise under quasi contracts, courts provide specific legal remedies to restore fairness and prevent unjust enrichment. These remedies focus on compensation and restitution rather than enforcing pre-agreed terms, as quasi contracts are not based on mutual consent but on legal obligations.
What factors make an agreement enforceable under the principle of quasi-contract?
A quasi-contract is enforceable to prevent unjust enrichment, and several factors contribute to this enforceability. Key factors include acceptance of the service, the expectation of payment, the absence of a gift intention, and the principle of equity.
What is Section 68 to 72 of the contract Act?
Chapter-V, section 68 to section 72 of the Indian Contract Act, 1872, speaks about a “quasi-contract” or certain family members resembling those created by way of contracts. These family members resembling a contract are recognised as contracts implied in law or a quasi-contract.
Who can not enter into a contract?
As a legal matter, there are certain classes of people who are presumed to have no capacity to contract. These include legal minors, the mentally ill, and those who are intoxicated. If people meeting these criteria enter into a contract, the agreement is considered voidable.
What is a quasi-contract in the Indian Contract Act?
In the quasi-contract, the one person provides the basic necessity to another person or do any work which is defined in section 68 to 72 of the Indian contract act, that person is entitled to take the consideration from the person to whom he provides the basic necessity.