BBA 1st Semester Business Low Notes Long Question
BBA 1st Semester Business Low Notes Long Question :- In this post BBA 1st semester Business low notes Long type Question Contracts, various Forms of Quasi contract, type of Quasi contract business low notes Question paper and more notes of BBA. thanks to read the artical.
Long type Question
Q1. What are quasi contracts ? what are the various forms of quasi contracts as given under the Indian Contract Act ?
Ans : Quasi Contracts : A void contract must essentially contain the elements of offer and acceptance, capacity to contract, consideration and free consent. However, low recognizes a promise imposing obligations on offer, no acceptance, no consensus ad idem etc. such type of contract where there is no element of contracts but which still is considered as contract is referred as quasi contract. Quasi contracts rest on the equitable principle that a person shall not be allowed to enrich himself unjustly at the expense of another.
According to Pollock, “Quasi contracts are contracts in law but not in fact, being the subject matter of a fictitious of a fictitious extension of the sphere of the sphere of the contract to cover obligations which do not in reality fall within it.”
Under the English law such obligations have been termed as “Quasi contracts”. The Indian Contract Act also recognizes such obligations by calling them by different name; i.e., certain relations resembling those of contracts.
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In truth, it is not a contract at all. It is an obligation which the law creates in the absence of any agreement, when the acts of the parties of others have placed in the possession of one person, money or its equivalent, under such circumstances that in equity and good conscience he ought not to retain it and which in justice and fairness belongs to another.
Types of Quasi Contracts
- Supply of necessaries to incapacitated person (Section 68) : Necessaries supplied to a person incapable of contracting or to anyone who is legally bound to support. The persons who are incapable to contract may be minors and persons may be reimbursed of unsound mind.
The necessaries supplied to such persons may be reimbursed by their estates by virtue of Section 68.
For example : If A supplies B, a minor, with all the necessaries suitable to his condition of life, A is entitled to be reimbursed by B’s estate for the expenses incurred by him.
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Articles which are purely ornamental and not useful are not necessaries. It is for the person who supplies the articles to prove that the said articles were necessaries. Only then can he recover the price of the articles.
- Reimbursement of person paying money due by another in payment of which he is interested (Section 69) : Sometimes a person who is interested in the payment of money which another is bound by law to pay and who therefore pays it, is entitled to be reimbursed by the other. In other words, an interested person who makes the payment which the another person is bound to pay. Can recover such amount from the person who is legally bound to pay.
For example : A is a tenant of B.A did not pay the electricity charges and this may lead to disconnection of electricity in the premises, A, therefore, will also bear the hardship. just to avoid disconnection of electricity, A Makes payment of the electricity bill a can recover such charges from B.
- Obligation of person enjoying benefit of a non-gratuitous Act (Section 70) : Where a person lawfully does anything for another person or delivers anything to him. Not inending to do so gratuitously and such other person enjoys the benefit thereof the latter is bound to make compensation to the former in respect of or to restore the thing so done or delivered.
For example : A, a trader, leaves goods at B’s house by mistake. B treats the goods as his own. He is bound to pay a for them.
- Responsibility of finder of goods (Section 71) : A person who finds goods belonging to another and takes them into his possession, is liable as a bailee. As a bailee he is under an obligation to take reasonable care of the goods found as a man of ordinary prudence would, under similar circumstances, take of his own goods. He must make reasonable efforts to trace the real owner. In case he does not make reasonable Efforts to trace the real owner he will be liable for wrongful conversion of the property. However, until and unless the real owner is found, he remains the owner of the goods against the whole world.
For example : X, a guest, found a diamond ring at a birthday party of Y.X told Y and other guests about it. He has performed his duty to find the owner he can retain the ring as bailee.
- Liability of person to whom money is paid or thing delivered by mistake or coercion (Section 72): A person to whom money has been paid or any thing delivered by mistake or under coercion must repay or return it.
For example : P and Q jointly owe 1000, to R.P alone pays the amount to R and Q not knowing this fact, pays 1000, again to R. R is bound to repay the amount to Q. In another example, a railway company refuses to deliver up certain goods to the consigncee, except upon the payment of illegal charge for carriage. The consignee pays the sum charged in order to obtain the goods. He is entitled to recover those charges which were illegally excessive.
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