Section 68 The Indian Contract Act, 1872
Section 68 – The Indian Contract Act, 1872
📘 Title:
"Claim for necessaries supplied to person incapable of contracting, or on his account"
📜 Bare Text of Section 68:
"If a person, incapable of entering into a contract, or anyone 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."
✅ Explanation in Simple Terms:
This section provides a legal right to recover expenses when someone supplies “necessaries” (basic needs like food, clothes, medicine, etc.) to:
A person incapable of contracting (e.g., minor, mentally ill), or
A person legally dependent on such an incapable person (e.g., their child or spouse).
➡️ The supplier can claim reimbursement from the property (assets) of the incapable person — not personal liability.
🔍 Key Concepts:
“Necessaries” means essentials suited to the person’s status in life.
The person incapable of contracting is not personally liable, but their property can be used to pay.
This is an exception to the general rule that contracts with minors or incapable persons are void.
🧑⚖️ Example:
A minor boy is supplied with school books, clothes, and food by a shopkeeper.
Even though the minor can't form a valid contract, the shopkeeper can recover the cost from the minor's estate (e.g., property inherited from parents).
⚖️ Case Law:
Nash v. Inman (1908)
– A minor was supplied with clothes which were not suited to his status and he already had enough.
– Held: No reimbursement since items were not necessaries.
RELATED Blog
0 comments