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

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

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Contract Sec 2(h)

Legal Commentary & Landmark Judgments: Section 68

Section 68 of the Indian Contract Act, 1872 governs the statutory claim for necessaries supplied to a person incapable of contracting or their legal dependents.

Statutory Relief & Application: Section 68 enacts a quasi-contractual remedy: if a person incapable of entering into a contract (such as a minor or person of unsound mind) or anyone whom they are legally bound to support, is supplied by another with necessaries suited to their condition in life, the person who furnished such supplies is entitled to be reimbursed from the property of such incapable person.
Core Legal Standard: The incapable person is not personally liable; the statutory reimbursement is enforceable solely against their estate/property.

Key Landmark Precedents:

Mohori Bibee v. Dharmodas Ghose (1903) 30 IA 114 (PC): The Privy Council established that while a minor is incapable of making a contract, Section 68 creates an equitable statutory charge on the minor's estate for reimbursement of necessaries supplied.
Kunwarlal v. Surajmal (AIR 1963 MP 58): The Madhya Pradesh High Court held that a house let out to a minor student for living and pursuing education constituted 'necessaries suited to his condition in life', entitling the landlord to recover rent from the minor's estate under Section 68.

Legal Commentary:

What constitutes 'necessaries' depends on the social standing, health, and actual requirements of the minor or lunatic. Goods or services of mere luxury do not qualify. In litigation under Section 68, the plaintiff must prove that the articles were suitable to the minor's condition in life and that the minor was not already amply supplied with them.

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

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

Legal Commentary & Landmark Judgments: Section 68