Unit 6 - Contingent & Quasi Contracts

• Absolute contract


  A contract where the promisor undertakes to perform or not to do something without any condition or collateral event
• Contingent contract


  A contract to do or not to do something if some event does or does not happen
• Contingent contract


  • The performance of the contract would depend upon the happening or non-happening of some event
  • The event on which the performance is to depend, is not the mere will of the promiser
  • The event must be certain - either bound to happen or bound not to happen
• Enforcement of contingent contracts


  1. Based on happening of an event (Sec-32)

  2. Based on non-happening of an event (Sec. 33)

  3. Based on behaviour within specified time (Sec. 34)

  4. Based on happening of an event within specified time (Sec.35)

  5. Based on non-happening of an event within specified time (Sec.35)
• Quasi contracts


  Legal rights and obligations imposed by law although the parties never entered into a contract
• Quasi contracts


  • Based on principles of equity, justice and good conscience
  • A person must not grow rich at the expense of another
• Types of quasi contracts

  • Claims for necessities supplied to an incompetent person (Sec 68)
  • Right to recover money paid for another (Sec 69)
  • Obligation of person enjoying benefits of non-gratuitous act (Sec 70)
  • Responsibility of finder of goods (Sec 71)
  • Liability for money paid by mistake or under coercion (Sec 72)