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ï‚š   It is an obligation, which the law creates in the
    absence of the agreement.

ï‚š   It can be described as, “certain contracts
    resembling those created by the contract.”

ï‚š   Its is based on the maxim, “nomo debet
    locuplatari ex liena justua.”
   Literally means, “as much as earned” or “as much as
    merited”
   The party can claim remuneration when the party
    when it has completed his part of the duties & the
    other party repudiates the contract or due to some
    event the performance of contract becomes impossible.
   The right to claim quantum merit does not arise out of
    control as the right damages does; it is a claim on quasi
    contractual obligation which the law implies in
    circumstances
ï‚š   When an agreement is discovered to be void.
    (Section 65)
ï‚š   When something is done without any intention to do
    so gratuitously (Section 70).
ï‚š   When there is an express or implied contract to render
    services but there is no agreement as to remuneration.
ï‚š   When the completion of the contract has been
    prevented by the act of the other party to the contract.
ï‚š   When a contract is divisible.
ï‚š   When an indivisible contract is completely performed
    but badly.
(Quasi - Contract)Indian Contract Act, 1872

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(Quasi - Contract)Indian Contract Act, 1872

  • 1.
  • 2. ï‚š It is an obligation, which the law creates in the absence of the agreement. ï‚š It can be described as, “certain contracts resembling those created by the contract.” ï‚š Its is based on the maxim, “nomo debet locuplatari ex liena justua.”
  • 3.
  • 4.
  • 5.
  • 6.
  • 7.
  • 8.
  • 9.
  • 10.
  • 11.
  • 12.  Literally means, “as much as earned” or “as much as merited”  The party can claim remuneration when the party when it has completed his part of the duties & the other party repudiates the contract or due to some event the performance of contract becomes impossible.  The right to claim quantum merit does not arise out of control as the right damages does; it is a claim on quasi contractual obligation which the law implies in circumstances
  • 13. ï‚š When an agreement is discovered to be void. (Section 65) ï‚š When something is done without any intention to do so gratuitously (Section 70). ï‚š When there is an express or implied contract to render services but there is no agreement as to remuneration. ï‚š When the completion of the contract has been prevented by the act of the other party to the contract. ï‚š When a contract is divisible. ï‚š When an indivisible contract is completely performed but badly.

Hinweis der Redaktion

  1. It is not a contract in strict sense of term because there is no real contract in existence. A contract is intentionally entered into, where as a quasi-contract on other hand is created by law, moreover there is no intention of parties to enter into a contract. The Indian Contract Act doesn’t use the term Quasi-Contract for such obligation. In simple language these have been named quasi-contract because although there is no contract or agreement between the parties, they are put in position as if there was a contract between them. This maxim literally means “no man should grow rich at another persons costs.” In other words, a person shall not be allowed to enrich at the expense of another.