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Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Judiciary Exams MCQ


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10 Questions MCQ Test Civil Law for Judiciary Exams - Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act)

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Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 1

What is the core principle behind the Doctrine of Unjust Enrichment?

Detailed Solution for Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 1
The Doctrine of Unjust Enrichment revolves around the concept of requiring the party who has unfairly benefited at the expense of another to return the benefits acquired through unjust means. This principle aims to restore fairness and equity in situations where one party has gained at the expense of another, aligning with the legal notion of preventing unjust enrichment.
Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 2

What is a key prerequisite for the application of the Doctrine of Unjust Enrichment?

Detailed Solution for Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 2
One essential prerequisite for invoking the Doctrine of Unjust Enrichment is that the acquisition of enrichment should be perceived as unjust or unfair. This criterion is crucial in determining whether the situation warrants the intervention of the legal system to rectify any disparities caused by one party unfairly benefiting at the expense of another.
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Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 3

Under Section 68 of the Indian Contract Act, 1872, what type of expenses can be considered as necessaries?

Detailed Solution for Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 3
Section 68 of the Indian Contract Act, 1872, recognizes necessaries as goods or services that are crucial for maintaining an individual's well-being and status. These are essential items required for the sustenance and welfare of a person. For instance, funeral expenses for a widow can be considered as necessaries under this provision.
Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 4
As per Section 72 of the Indian Contract Act, 1872, what is the liability of a person to whom money is paid or a thing delivered by mistake or under coercion?
Detailed Solution for Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 4
Section 72 of the Indian Contract Act, 1872 specifies that if money is paid or goods are delivered by mistake or under coercion, the receiver is obligated to repay or return them. This provision ensures that individuals do not unjustly benefit from situations involving accidental payments or deliveries. It upholds the principle of rectifying errors and ensuring that parties receive their rightful dues.
Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 5
According to Section 70 of the Indian Contract Act, 1872, what is the liability if someone benefits from another's action without intending to do so gratuitously?
Detailed Solution for Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 5
Section 70 of the Indian Contract Act, 1872 states that if someone benefits from another's action without intending to do so gratuitously, compensation is owed. This implies that if a person benefits from an action without the intention of receiving it as a gift, they are liable to compensate the party providing the benefit. This provision ensures fairness and accountability in situations where benefits are received unintentionally.
Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 6
What is the key distinguishing factor between Quantum Meruit and Unjust Enrichment?
Detailed Solution for Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 6
The key difference between Quantum Meruit and Unjust Enrichment lies in their focal points. Quantum Meruit determines compensation based on the value of work completed, emphasizing the benefit received by the defendant. On the other hand, Unjust Enrichment concentrates on the benefit gained by the defendant, rather than the losses suffered if the contract had been fully executed.
Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 7
In Quantum Meruit, under what circumstances can a party seek relief based on this doctrine?
Detailed Solution for Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 7
Quantum Meruit allows a party to seek relief when the remaining work becomes futile due to actions by the other party, making it impossible to complete the contract. This doctrine ensures that the party who has partially fulfilled their obligations can claim payment for the value of the work already performed, even without a formal written agreement specifying the payment terms.
Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 8
What does quantum meruit refer to in legal terms?
Detailed Solution for Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 8
Quantum meruit refers to determining a fair payment based on the value of work done in the absence of a formal agreement. It is a legal concept that allows for compensation when services are provided without a pre-established contract. This principle ensures that individuals are fairly remunerated for the work they have completed.
Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 9
What legal concept is closely related to unjust enrichment and quantum meruit?
Detailed Solution for Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 9
The legal concept closely related to unjust enrichment and quantum meruit is Quantum Meruit. Quantum meruit is a legal principle where a party is entitled to a reasonable sum for services or goods rendered, even in the absence of a formal contract. It is often invoked to prevent unjust enrichment and ensure that parties are compensated fairly for the value they provide, based on the principle of equity and fairness in contractual relationships.
Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 10
Which legal framework provides remedies for cases involving unjust enrichment and quasi contracts in India?
Detailed Solution for Test: Quasi – Contracts and Unjust Enrichment (Section 68 to 72, Indian Contract Act) - Question 10
In India, Sections 68 to 72 of the Indian Contract Act, 1872, offer remedies for cases involving unjust enrichment and quasi contracts. These sections provide a legal framework to address situations where one party has been unjustly enriched at the expense of another or in cases where quasi contracts are implied to prevent unjust situations. Section 68 specifically deals with situations where a person is required to restore or provide compensation for benefits received under a void agreement, while sections 69 to 72 outline conditions for agreements that are implied by law as necessary to prevent unjust enrichment.
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