Test: Quasi Contract - CLAT PG MCQ

A quasi-contract is designed to prevent unjust enrichment, ensuring that one party does not benefit unfairly at the expense of another, even in the absence of a formal contract. This legal obligation arises from the necessity to uphold fairness and justice in various situations.

For a successful claim of unjust enrichment, it is essential to demonstrate that the defendant's enrichment occurred at the expense of the plaintiff, making it unjust for the defendant to retain the benefit without compensation.

A finder can sell found goods if they are in danger of perishing or losing significant value. This provision helps prevent loss and allows the finder to recover lawful charges associated with the care of the goods.

Section 71 establishes the responsibilities of a finder of goods, including the duty to take reasonable care. This ensures that the finder manages the goods with the same prudence expected if they were their own property.

The essence of a quasi-contract lies in establishing legal obligations that prevent one party from gaining an unfair advantage at the expense of another, regardless of whether a formal contract exists between them.

Minors cannot be held liable for quasi-contracts since their agreements are considered void from the beginning. However, the estate of a minor may be held liable for necessaries supplied to them.

Section 68 addresses the claim for reimbursement when necessities are supplied to individuals who cannot enter into contracts. This ensures that those in need receive essential goods while also protecting the suppliers who provide them.

Section 72 pertains to the liability concerning money or goods that have been transferred under a mistake or coercion. It allows the party who suffered the loss to recover what was mistakenly paid or delivered.

The principle of unjust enrichment applies here, allowing the person to recover payments made under mistake or coercion, emphasizing that no one should benefit at another’s expense through wrongful actions.

Quasi-contractual obligations are imposed by law to prevent unjust enrichment. Unlike traditional contracts, they do not arise from mutual consent or any formal agreement between the parties.

In cases where a non-gratuitous act is performed, the recipient is required to compensate the performer for the benefit received. This principle helps maintain fairness in transactions and interactions.

A formal contractual agreement is not a type of quasi-contract. Quasi-contracts arise in situations without formal agreements but where the law imposes obligations to prevent unjust enrichment.

The primary duty of a finder of goods is to take reasonable care of the items until they can be returned to the true owner. This responsibility ensures that the finder's actions do not lead to further loss or damage to the original owner’s property.

The maxim "Nemo debet locupletari ex aliena jactura" translates to "No one should become wealthy at the expense of another's loss." This principle is foundational to the concept of unjust enrichment and the enforcement of quasi-contracts.

Section 69 allows a person who has a legitimate interest in a debt to claim reimbursement after making a payment on behalf of another. This provision ensures that individuals are not left at a disadvantage due to their assistance.