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Sec 68 Supply of necessaries to a person incompetent to contract (including persons dependent on him)

If a person, incapable of entering into a contract, or anyone who he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such an incapable person.



B a minor is supplied with necessaries by A. The property of the minor is liable for the purpose of payment to A.



Suresh supplies to Ramesh, a lunatic, with necessaries suitable to his condition in life. Suresh is entitled to be reimbursed from Ramesh’s property such amount for the necessaries supplied by him.

Conditions for making the claim

  • Only the property of the incompetent person is liable.
  • Such incompetent person cannot be made liable personally.
  • The person supplying the necessaries should have not done it gratuitously.
  • The incompetent person should not have adequate supply of the same.
  • The things supplied should constitute necessaries.

Sec 69 Reimbursement of a person paying money due by another, in payment of which he is interested

A person, who is interested in the payment of money which another, is bound by law to pay, and who therefore pays it, is entitled to be reimbursed by the other.



Ashok holds land in Orissa on a lease granted by Ragav, the zamindar. The revenue is payable by Ragav to the Government being in arrear, his land is advertised for sale by the Government. Under the revenue law, the consequence of such a sale will be the termination of Ashok’s lease. So Ashok, who wants to prevent the sale, pays the dues to the Government. Ragav is bound to make the reimbursement to Ashok for the amount so paid.



A and B were fined jointly ₹ 500 for selling banned drugs. A alone paid the amount of fine, In this case, A cannot claim contribution from B later, in order to make the claim under Sec 69 the person making the payment should not be legally bond to pay the amount.

Conditions for the recovery of payment

  • The person making the payment must be interested in paying the amount
  • The person making the payment must not be legally bound to pay the amount
  • The other person on whose behalf the payment has been made must be legally bound to make the payment
  • The payment must not be made to self i.e. it must be made to some third party

Sec 70 Obligation of a person enjoying the benefit of a non-gratuitous act

The term Non-gratuitous act means the act which is done with an intention to claim the reward. Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, the thing so done or goods so delivered.



Raj saves Karan’s property from fire. Karan is liable to pay Raj, if Raj did so with a gratuitous intention.


Note: If the circumstances show that Raj intended to act gratuitously and saved the property, then Raj is not entitled to compensation from Karan.

Conditions for the recovery of payment

  • The thing delivered or act done must be lawful
  • The act must have been done without an intention to do so gratuitously
  • The other party for whom the act is done must have enjoyed the benefit

Sec 71 Finder of goods

The term ‘finder of lost goods’ is used to define a person who finds the goods belonging to some other person and takes it in his possession.
A person who finds goods belonging to another and takes them into his custody is subject to the same responsibilities of having the possession of the property under bailment and cannot use it for his own purpose.

Duties of the finder of lost goods

The finder’s duty is that of a bailee:
  • To take reasonable care of the goods
  • To search the true owner of the goods
  • Not to make personal use of the goods
  • To return the goods to the true owner

Rights of the finder of the lost goods

  • To keep possession of the goods.
  • To recover all reasonable expenses from the true owner.
  • To recover reward, if any announced by the true owner.
  • Till the true owner of lost goods is found the finder of the lost goods has a right on the goods against the whole world (jus in rem) apart from the true owner.

The finder may sell the goods under following circumstances

  • When the thing is perishable i.e., it is in danger of perishing or of losing the greater part of its value, or
  • When the lawful charges of the finder, in respect of the thing found, amount to two-thirds or more of the value of the goods found.
  • Where the true owner of the goods cannot be found with reasonable diligence.
  • Where the true owner of the goods is found out, but refuses to pay lawful charges

Sec 72 liability of a person to whom money is paid or a thing is delivered by mistake or under coercion

A person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.



John and Philips jointly owe ₹ 100 to Anthony. Both of them pay ₹ 100/- each to Anthony without each other’s knowledge. Now Anthony is bound to repay the extra amount received from them.



The railway company refuses to deliver certain goods to X except upon the payment of an illegal change for carriage over and above the legal charges. X pays the sum charged in order to obtain the delivery of the goods. Here, X is entitled to recover the excess illegal charge paid under coercion.

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Note: The scope of Sec 72 is much larger than Sec 20 and it covers mistake of fact as well as mistake of law. In other words if money is paid or if anything delivered whether under mistake of fact or mistake of law it needs to be restored to the other. Furthermore Sec 72 has a scope larger than Sec 15 and covers coercion in a broader sense.

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