Section 83 The Indian Contract Act, 1872
Section 83 – The Indian Contract Act, 1872
📘 Title:
"Compensation for failure to discharge obligation created by quasi-contract"
📜 Bare Text of Section 83:
"When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract."
✅ Explanation in Simple Terms:
Section 83 deals with quasi-contractual obligations — situations where there is no formal contract, but the law treats it as if there were one to prevent unjust enrichment.
If someone fails to perform such a legal obligation:
The person who suffers loss can claim compensation,
As if there had been a real contract, and it had been breached.
🔍 Key Concepts:
A quasi-contract is not a real contract, but an obligation imposed by law to ensure fairness.
This section ensures that injured parties are compensated just like in regular contracts.
It maintains equity and justice in cases where one party benefits unfairly at the expense of another.
🧑⚖️ Example:
A accidentally pays B ₹5,000 thinking he owed it, but he didn't.
B refuses to return it.
Law treats this as a quasi-contract, and B must compensate A, even though there was no agreement between them.
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