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The mechanic fixes the brakes and in doing so he also fixes a separate part of the axle that has a direct
relationship to the car's ability to brake correctly. Although the axle repair was not specifically contracted
for, a quasi contract is implied for which the owner must pay the mechanic.
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.
For example, suppose that vacationing physician Jane Doe is driving down the highway and finds Joey
Bloggs lying unconscious on the side of the road. Doe renders medical aid that saves Bloggs's life.
Although the injured, unconscious Bloggs did not solicit the medical aid and was not aware that the aid
had been rendered, he received a valuable benefit, and the requirements for a quasi contract were
fulfilled. In such a situation, the law will impose a quasi contract.
When one party knowingly receives something for nothing, the courts may impose a quasi
contract. For example, if UPS delivers a new television to Zoe that she did not order and she
keeps the television and does not attempt to return it to the company that mistakenly
shipped it to her, a judge could impose a quasi-contract to force her to pay for the
television. Zoe did not intend to purchase the TV, and the TV company did not intend to sell
her a TV, but since she chose to benefit from the TV at the company's expense, the court
requires her to reimburse the TV company to make the situation fair.