Chapter V of indian contract act 1872, from section 68 to section 72 of the act, informed about the half contract (enjoying from other support, other entitled to reimburse).
- Section 68, Claim for necessaries supplies to person incapable for contracting, or on his account.
- Reimbursement from property of such incapable person.
- Sec/69, Reimbursement of person paying money due by another, in payment of which he is interested,
- Entitled to be reimbursed by other.
- Section 70, Obligation of person enjoying benefits of non gratuitous act.
- Later is bound to make compensation, the thing so done or delivered.
- sec/ 71, Responsibility of finder of goods,
- Goods belonging to another, same responsibility as a Bailee.
- Section 72, Liability of person to whom money is paid, or thing delivered by mistake or under Coercion
- He must repay or return it.
Section 68 of indian contract essential, liabilities, necessaries
Essential of section 68 of indian contract act are as some following given below:-
- Supply of necessaries,
- To in capable person (minor, llunatic)
- To person legally bound to be support by incapable person.
- Reimbursement (Condition suited with life).
- Supply of necessary to a person of incapable making a contract or to a person depended on such incapable person.
- Such necessaries to be suit to the person condition of life,
- Reimbursement to be made from the property or states of such incapable person.
Liabilities under section 68 of indian contract act
Agreement incapable in person is void ab initio, Therefore, such person can not be to pay for servers, rendered or goods supplies.
However section 68 provides if a peron incapable of entering into contract or whom he is legally bound to support.
Is supplies by necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable of person.
Minor liability arises in two condition, half contract indian contract law
- Supply of the goods necessary for his support in life,
- Minor must not already have sufficient supply of necessary at the time of delivery.
- Liability does not depend on the person consent, it Aries just because necessary has been supplied to him.
- Benefit of Section 68 is available in only with incapable with property.
- Reimbursement can be made from the property of minor, it is not his personal liability.
What is necessaries in half contract, indian contract act?
It is not defined under the act, it constitute such things which are necessaries to mentain a person according to his condition of his life.
It is to be determent with reference to fortune and circumstances of particular things.
- Case) In Chappel V. Cooper
- In this case a minor widow was bound to reimburse for her husband burial expenses. It was held that necessaries are things without which a person can not reasonably exist in Society.
- Therefore a part from basic necessaries of life like food, clothing, shelter, education, medical, fund of marriage, burial/funnel may also amount to necessaries in given situation.