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Question

X by mistake leaves some goods at Y's house. Y treats the goods as his own and appropriated them. This is a case of ______.

A
Contingent contract
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B
Normal contract
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C
Quasi contract
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D
Wagering contract
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Solution

The correct option is C Quasi contract
  • A quasi-contract may be defined as, “a transaction in which there is no contract between the parties; the law creates certain rights and obligation between them which are similar to those created by a contract."
  • As per Black's Law Dictionary, 9th Edition, under quasi contract, an obligation is imposed by law on parties because of a relationship between parties or because one of them would otherwise be unjustly enriched. It’s not a contract, but instead is a remedy that allows the plaintiff to recover a benefit conferred on the defendant.
  • As per section 70 of the Contract Act, 1872, Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such another 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. Hence, in present case, X has left some goods at Y's home and Y appropriates it as his own which makes it a quasi-contract.

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