Law Maker

CHAPTER V OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT

Section 72: Liability of person to whom money is paid, or thing delivered, by mistake or under coercion

The Indian Contract Act, 1872

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

Illustrations

(a)A and B jointly owe 100 rupees to C, A alone pays the amount to C, and B, not knowing this fact, pays 100 rupees over again to C. C is bound to repay the amount to B.

(b)A railway company refuses to deliver up certain goods to the consignee, except upon the payment of an illegal charge for carriage. The consignee pays the sum charged in order to obtain the goods. He is entitled to recover so much of the charge as was illegally excessive.

Questions on this section

3 questions in 11 of our papers cite Section 72. Try these from the free papers:

  1. 1. A and B jointly owe C Rs. 1 lakh. A alone pays the whole amount to C. B, not knowing of this, pays C Rs. 1 lakh again. Under Section 72 of the Indian Contract Act, 1872:

Practise questions on Contract Law