QUASI CONTRACT. QUASI-CONTRACTS Even though a contract is the result of an agreement enforceable by law, but under certain special circumstances, obligations resembling those created by a contract are imposed by law although the parties have never entered into a contract.
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Claim for necessaries supplied to a person incapable of contracting or on his account (Sec. 68). ‘If a person, incapable of entering into a contract, or any one whom he 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 incapable person.
‘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.’
‘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 thereof, the latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered.’
‘A person who finds goods belonging to another and takes them into his custody, is subject to the same responsibility as a bailee.’ Thus an agreement is also implied by law between the owner and finder of the goods and the latter is deemed to be a bailee.
He must try to find out the real owner of the goods and must not appropriate the property to his own use. If the real owner is traced, he must restore the goods to him on demand. Further, till the goods are in possession of the finder, he must take as much care of the goods as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value (Sec. 151).
‘A person to whom money has been paid, or anything delivered, by mistake orunder coercion, must repay or return it.’ Accordingly, if one party under a mistake pays to another party money which is not due by contract or otherwise, that money must be repaid.