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| Home > Indian Bare Acts > THE INDIAN CONTRACT ACT,1872 > CHAPTER V OF CERTAIN RELATIONS RESEMBLING THOSE CREATED) BY CONTRACT |
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| THE INDIAN CONTRACT ACT,1872 |
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Title : THE INDIAN CONTRACT ACT,1872
Year : 1872
Act :
CHAPTER V
OF CERTAIN RELATIONS RESEMBLING THOSE CREATED) BY CONTRACT
68.Claim for necessaries supplied to person incapable of contracting, or on his account.
68.Claim for necessaries supplied to person incapable of contracting, or on his account. If a person, incapable of entering into a contract, or any one whom he is legally bound to support, is supplied by another, person
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1 See s. 75, infra.
2 See ss. 3 and 5, supra.
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44.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.1*
Illustrations
(a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from Bs 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 Bs property.
69.Reimbursement of person paying money due by another, in payment of which he is interested.
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 another is bound by law to pay, and who therefore pays it, is entitled to be reimbursed by the other.
Illustration
B holds land in Bengal, on a lease granted by A, the zamindar.
The revenue payable by A to the Government being in arrear, his land is advertised for sale by the Government. Under the revenue law, the consequence of such sale will be the annulment of Bs 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.
70.
Obligation of person enjoying benefit of non-gratuitous act.
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 thereof, the latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered.2*
Illustrations
(a) A, a tradesman, leaves goods at Bs house by mistake. B
treats the goods as his own. He is bound to pay A for them.
(b) A saves Bs property from fire. A is not entitled to compensation from B, if the circumstances show that he intended to act gratuitously.
71.Responsibility of finder of goods.
71.Responsibility of finder of goods.-A person who finds goods belonging to another, and takes them into his custody, is subject to the same responsibility as a bailee.3*
72.Liability of person to whom money is paid or thing delivered by mistake or under coercion.
72. Liability of person to whom money is paid or thing delivered by mistake or under coercion.-A person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.
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1 The property of a Government ward in Madhya Pradesh is not liable under this section ; see the C. P. Court of Wards Act, 1899.(C.P. 24 of 1899), s. 31 (1).
2 As to suits by minors under s. 70 in Presidency Small Cause
Courts, see the Presidency Small Cause Courts Act, 1882 (15 of 1882), s. 32.3 See ss. 151 and 152, infra.
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45.Illustrations
(a)A and B jointly owe 100 rupees to C. A alone pays the amount to C, and B, not knowing this fact, pays 100 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 charge for carriage.
The consignee pays the sum charged in order to obtain the goods. He is entitled to recover so much of the charge as was illegally excessive.
Last updated on February, 2008
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