Constructive or quasi contract.
The term ‘constructive or quasi contract is a misnomer, the cases grouped under this type of contracts have little or affinity with contract. Such a contract does not arise by virtue of any agreement, express or implied between the parties but the law infers or recognizes a contract under certain special circumstances. For example, obligation to finder of lost goods to return them to the true owner or liability or person to whom money is paid under mistake to repay it back cannot be said to arise out of a consent, but these are very mush conversed under quasi contracts as per sections 71 and 72 respectively. The contract act has rightly named such contracts as “ certain relations resembling those created by contract”.
A quasi contract is based upon the equitable principle that a person shall not be allowed to retain unjust benefit at the expense of another. Sections 68-72 of the contract act describe the cases which are to be deemed ‘quasi contracts’”.
Now we come to- example, and A says to B, If you dig my garden next Sunday, I will pay you Rs. 500.’ B makes no commitment, but says, I am not sure that I shall be able to, but if I do, I shall be happy to take Rs. 500. This arrangement is not bilateral. A has committed himself to pay Rs. 500 in certain circumstances, but B has made no commitment at all. He is totally free to decide whether he wants to dig A’s garden or not. If B does not turn up on Sunday to dig the garden, A cannot do anything about is. If, however, B reaches to A’s place on Sunday to do the work, it will amount to his acceptance a contract will be formed where both parties will be bound by their performance.
Standard Form Contract
When a large number of contracts have got to be entered into by a person, from a practical point of view and for the sake of convenience, a standard form for the numerous contracts may be used. An insurance policy, shares or a railway ticket are few examples of such standardized contracts. The “special terms and conditions” become binding as part of the contract only if they are brought to the notice of the acceptor before or at the time of the contract. In view of the unequal bargaining power of the two parties, the courts and the legislature have evolved certain rules to protect the interest of the weaker party:-(1) Reasonable notice – e.g. by printing on a ticket, “For conditions see back”, or obtaining signatures on the document containing terms, or otherwise explaining the the terms,. Where an adequate notice is not given the offeree is not bound by the terms.
What is Quasi Contract? What are the different types of Quasi Contracts.
A quasi contract is based upon the equitable principle that a person shall not be allowed to retain unjust benefit at the expense of another. Sections 68-72 of the contract act describe the cases which are to be deemed ‘quasi contracts’”.
Now we come to- example, and A says to B, If you dig my garden next Sunday, I will pay you Rs. 500.’ B makes no commitment, but says, I am not sure that I shall be able to, but if I do, I shall be happy to take Rs. 500. This arrangement is not bilateral. A has committed himself to pay Rs. 500 in certain circumstances, but B has made no commitment at all. He is totally free to decide whether he wants to dig A’s garden or not. If B does not turn up on Sunday to dig the garden, A cannot do anything about is. If, however, B reaches to A’s place on Sunday to do the work, it will amount to his acceptance a contract will be formed where both parties will be bound by their performance.
Standard Form Contract
When a large number of contracts have got to be entered into by a person, from a practical point of view and for the sake of convenience, a standard form for the numerous contracts may be used. An insurance policy, shares or a railway ticket are few examples of such standardized contracts. The “special terms and conditions” become binding as part of the contract only if they are brought to the notice of the acceptor before or at the time of the contract. In view of the unequal bargaining power of the two parties, the courts and the legislature have evolved certain rules to protect the interest of the weaker party:-(1) Reasonable notice – e.g. by printing on a ticket, “For conditions see back”, or obtaining signatures on the document containing terms, or otherwise explaining the the terms,. Where an adequate notice is not given the offeree is not bound by the terms.
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What is Quasi Contracts?
![What is Quasi Contracts?]()
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