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Quasi-contracts II: finder of goods (ss. 71, 168-169), money paid by mistake or under coercion (s. 72) and quantum meruit

LUG-103 Law of Contract including Specific Relief Act & Sale of Goods Act, Unit III: Quasi-contracts (ss. 68–72, 168 & 169). · LLB · 60 min

The second half of Chapter V: the finder of goods, who is made a bailee by s. 71 and given a lien, a right to reward and a limited right of sale by ss. 168-169; and s. 72, under which money paid or a thing delivered by mistake or under coercion must be returned, the section that produced Kanhaiya Lal (mistake of law) and Mafatlal Industries (unjust enrichment as a defence to tax refunds). The lecture ends with the doctrine of quantum meruit, when it lies and when it does not, from Planche v. Colburn and Craven-Ellis v. Canons to ss. 65 and 70, and with the limits of the quasi-contractual remedy. Quantum meruit was asked in 2018-19 and 2025-26.

Objectives

Slides

  1. Section 71: the finder of goods is a bailee
  2. Sections 168 and 169: the finder's rights
  3. Section 72: money paid or thing delivered by mistake or under coercion
  4. Kanhaiya Lal: mistake of law, and the English contrast
  5. Mafatlal Industries: unjust enrichment as a shield
  6. Quantum meruit: meaning and basis
  7. When quantum meruit lies: Planche v. Colburn and the five situations
  8. When quantum meruit does not lie
  9. Limits of the quasi-contractual remedy
  10. How the examiner asks it

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