NECESSITIES SUPPLIED
‘A’ supplies ‘B’ a lunatic with necessaries suited to his condition in life. Is ‘A’ entitled to be paid for? Give reasons.
The main issue which is involved in the present case is whether ‘A’ is entitled to be paid for necessaries supplied to ‘B’? According to section 10 of the Indian Contract Act, 1872, if a person wants to enter into a contract, he must be competent person i.e., he must be major and of sound mind.
According to this section, if a person is not competent i.e., not major and of sound mind, then he cannot enter into a valid and lawful contract. In this situation, where a person is lunatic and not capable to enter into a contract and another person who supplies necessaries to that lunatic person can get reimbursement from the lunatic person.
Section 68 of the Indian Contract Act, 1872, deals with the provisions of reimbursement of a person who supplies necessaries to a lunatic person. According to this section, if a person is a lunatic and not capable to enter into a contract and another person supplies necessaries to him suited to his condition in life, then in such a case, the latter person can get reimbursement from the property of lunatic person.
This section is based upon the concept of quasi- contract and founded on the principle of equity, justice and good conscience. The main aim of this section is to compel the person who has received unjust enrichment to return everything to that person from whom he has received that thing.
In the leading case of Jagon Ram Marwari vs. Mahadeo Prasad Sahu, the Hon’ble court held that a person who supplies necessaries to another person who is not capable to enter into a contract suited to his condition in life is entitled to get reimbursement from the property of latter person and what are necessaries may depend upon the status of person and his requirement at the time of actual delivery of goods.
In this present case, ‘A’ supplied ‘B’ a lunatic with necessaries suited to his condition in life. According to abovesaid provisions and case law, ‘A’ is entitled to be paid for the necessaries supplied to ‘B’.
