CHAPTER V OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT

Section 68: Claim for necessaries supplied to person incapable of contracting, or on his account

If a person, incapable of entering into a contract, or any one whom 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 incapable person.¹

Illustrations

(a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B’s property.

(b) A supplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. A is entitled to be reimbursed from B’s property.

Footnotes in the official text

1.The property of a Government ward in Madhya Pradesh is not liable under this section, see the C.P. Court of Wards Act, 1899 (24 of 1899), s. 31(1).

Questions on this section

2 questions in 3 of our papers cite Section 68. Try these from the free papers:

1. M, a minor who owns property, is supplied by S with necessaries suited to M's condition in life. M does not pay for them. Under Section 68 of the Indian Contract Act, 1872:

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