Section 68 to 72

 Chapter 5 

Of certain relation 

Resembling those created by contract 

Section 68

Claim for necessaries supplied to person incapable of contracting or on his account 

-----if a person incapable of entering into a contract or anyone whom 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 in capable person .

Important point 

This principle had been laid down by Mensfield this principal prevents theory of unjust enrichment .this contract is implied contract .unjust  enrichment has been laid down in 

mosage versus  macfurlawn ,

Mafatlal industries versus union of India

Explain the meaning of unjust enrichment by supreme court of India 

This principle depends on principal of equity 

Example 

A is son of B .a hired a painter  to paint his house without his father's permission .he started paint his house .after finishing his house he wanted to demand money but B denied to give money but on the principal of equity he will have to give money to the painter .

Illustrations 

1.Mariam purchased  medicines from zeni .she is minor and she has no property .no reimbursement can be taken in this situation 

2.A is minor and he has purchased 11 expensive coat while he had sufficient clothes .no imbursement can be taken in this situation (NASH VERSUS INMEN 

Illustrations 

A.a supplies b ,a lunatic with necessaries suitable to his condition in life.a is entitled to be reimbursed from B 's property 

B.a supplies the wife and children of b ,a lunatic with necessaries suitable to their condition in life .a is entitled to be reimbursed from B 's property 

Such type of contract is known as 

Quasi contract ,implied contract and constructive contract 

1.The act which has not not the strict form of a contract ,but has the effect of it an implied contract .

2.This is exception of this rule 

That contract which had been done with a minor that contract is absolutely void 

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Section 69 ------reimbursement of person paying money due by another in payment of which he is interested......

A person who is interested in the payment of money which is another is bound by law to pay and who therefore pays it is entitled to be reimbursement by other .

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Exall versus partridge 

Plaintiff had left his carriage at defendant house . defendant 's landlord had taken this carriage to settle his rent .plaintiff had paid rent and taken his carriage .the court held that plaintiff can reimburse his money from defendant .

Example 2

A is tenant B .he has pais house tax instead of A .he has full right to reimburse this money under section 69

Illustration

B holds land in Between Bengal on a lease granted by A .the zamindar .the revenue payable by A to the Government being arrear ,his land is advertised for sale by government .under the revenue law ,

The  consequences of such sale will be annulment of B's lease .B to prevent the sale and the consequent annulment of his own lease pays to the Government the  sum due from A .A is bound to make good to B the amount so paid 

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Section 70.obligation of person enjoying benefit of non gratuitous act ----where a person lawfully does anything for another person or delivers anything to him ,not intending to do so gratuitously and such other person enjoys the benefit there of the latter is bound to make compensation to former in respect of or to restore the things so done or delivered

Essential conditions

Following conditions had been held in 

State of West Bengal versus v.k.mandal and sons 

1.act is done legally by one person to another person 

2.he has done this work non gratuitously 

3.other person has taken advantage of this work 

 .

Illustrations 

A.a trademan leaves goods at b house by mistake .b treats the goods as his own .he is bound to pay A for him .

B A saves B property from fire .a is not entitled to compensation from B if the circumstances show that he intended to act gratuitously 

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Section 71 . Responsibility of finder of goods ----at person who finds goods belonging to another and takes them into his custody is subject to the same responsibilty as a bailee .

Responsibility of that person who found goods

1.he must look after real owner of those goods 

2.he must try to find real owner of that goods 

3.if he has spent 2/3  money of the value of those goods .he need not to search the real owner of goods 

4.in this situation the things can be sold he can retain his expenditure and keep safe remaining money to its orginal owner .

4.if thing is perishable that it can be sold 

Section 72 . liability of person to whom money is paid or thing delivered by mistake or under coercion ----

At person to whom money has been paid or anything delivered by mistake or under  coercion must repay or return it .

Illustrations 

A.A and B jointly own 100 rupees to c .A alone pays the amount to c and B not knowing this fact ,pays rupees over again to c .c is bound to repay the amount to b .

B.A railway company refuses to deliver up certain goods to the consignee except upon the payment of an illegal charges for carriage .the consignee pays the sum charged in order to obtain the goods .he entitled to recover so much of the charge as was illegally excessive .