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Case Study based on Quasi Contracts (Section 70)

CASE X was going to theatre driving his Car. When he reached near the theatre, he saw a parking lot and  thinking that it would be a free parking provided by he theatre authority, the parked his car there and collected the ticket. The parking operator had nothing to do with the theatre and without knowing that X was under a mistake, he let him park his car in the lot in lieu of some consideration. When X returned from the theatre, and went to get his car, he was asked by the parking lot operator for the parking charges, but X refused to pay anything and contended that he was under an illusion that the parking was free. Comment whether the parking operator would be legally entitled for any consideration from X ?

ANSWER
  • Above case is covered under the provisions relating to Quasi Contracts in the light of The Indian Contract Act, 1872.
  • More specifically it relates to Section 70 of the said act.
  • The case fulfills all the Requisites of a Quasi Contract.
  • The act of providing service by the Parking lot operator was non-gratuitous.
  • It is immaterial that while exercising benefit of parking service, X was aware of the non- gratuitous nature of the same or not.
  • X is legally indebted towards the parking lot operator for te payment of the parking charges. 

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