English contract act 66 to 70

  66.mode of communicating or revoking rescission of voidable contract -----

The recession of voidable contract may be communicated or revoked in the same manner and subject to same rules as apply to the communication or revocation of proposal

66.mode of communicating or revoking rescission of voidable contract -----

The recession of voidable contract may be communicated or revoked in the same manner and subject to same rules as apply to the communication or revocation of proposal

Section 67 -----Effect of neglect  of promise to afford promisor reasonable facilities for performance ----

If any promise neglects or refuses to afford the promisor reasonable facilities for performance of his promise 

The promisor is excused by such neglect or refusal as to any non performance caused thereby .

Illustrations 

A contract with B to repair B's house .b neglects or refuses to point out to A the place in which his house requires repair .

A is excused for the non performance of the contract.if it is caused by such neglect or refusal 

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 .

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 

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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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