Contract Act 1872 Section 70
Contract Act 1872 Section 70 explains liability for non-gratuitous acts done without contract.
Contract Act Section 70 deals with situations where a person lawfully does something for another without a contract, expecting compensation. It establishes when the person who benefits must pay for the act done. This section is important to prevent unjust enrichment and ensure fairness in commercial dealings.
Understanding Section 70 helps businesses and individuals know their rights and obligations when services or benefits are provided without a formal agreement. It safeguards parties from unfair loss and promotes trust in transactions where contracts are absent or incomplete.
Contract Act Section 70 – Exact Provision
This section means if someone performs a service or delivers goods to another without a contract but expects payment, and the other person benefits, then the beneficiary must compensate the provider. It prevents unjust enrichment where one party gains without paying.
Applies when acts are done lawfully but without contract.
Requires the beneficiary to compensate if they enjoy the benefit.
Prevents unjust enrichment of the recipient.
Does not apply to gratuitous (free) acts.
Supports fairness in informal transactions.
Explanation of Contract Act Section 70
Section 70 states the legal basis for compensation when benefits are received without a contract. It affects parties who receive services or goods without prior agreement.
The section covers lawful acts done expecting payment but without contract.
Affects providers and recipients of services or goods.
Requires the recipient to compensate or restore the benefit.
Triggers when the recipient enjoys the benefit knowingly.
Acts done gratuitously are excluded.
Purpose and Rationale of Contract Act Section 70
This section aims to protect fairness by ensuring no one benefits unfairly without paying. It promotes justice by imposing liability where a contract is absent but benefit is received.
Protects against unjust enrichment.
Ensures compensation for non-gratuitous acts.
Maintains fairness in absence of formal contracts.
Encourages honest commercial behavior.
When Contract Act Section 70 Applies
Section 70 applies when a person performs lawful acts or delivers goods without a contract but expects payment, and the other party benefits.
Acts done lawfully but without contract.
Beneficiary knowingly enjoys the benefit.
Compensation is expected by the provider.
Applicable in informal or incomplete agreements.
Not applicable to voluntary or gratuitous acts.
Legal Effect of Contract Act Section 70
This section creates a legal obligation to compensate for benefits received without contract, affecting enforceability and remedies. It complements Sections 10–30 by covering gaps where no contract exists but benefits are conferred.
Imposes liability for compensation without contract.
Supports enforceability of non-contractual benefits.
Prevents unjust enrichment and promotes fairness.
Nature of Rights and Obligations under Contract Act Section 70
Section 70 creates a right to compensation for the provider and an obligation on the beneficiary to pay or restore. These duties are mandatory to prevent unfair gain.
Right to receive compensation for non-gratuitous acts.
Obligation to pay or restore benefits.
Duties are mandatory, not discretionary.
Non-performance can lead to legal claims.
Stage of Transaction Where Contract Act Section 70 Applies
This section typically applies after an act is done or goods delivered without contract, during the performance or post-performance stage.
Post-act or delivery stage.
When benefit is enjoyed by recipient.
Before formal contract formation or in absence of contract.
During enforcement or remedy stage if dispute arises.
Remedies and Legal Consequences under Contract Act Section 70
The provider can sue for compensation or restoration of benefits. Remedies include damages and restitution. Contracts deemed void or unenforceable do not affect this section’s application.
Right to claim compensation or restitution.
Damages awarded for non-payment.
Specific performance not typical but restoration possible.
Prevents unjust enrichment through legal enforcement.
Example of Contract Act Section 70 in Practical Use
Person X paints the house of Person Y without a formal contract, expecting payment. Y enjoys the benefit but refuses to pay. Under Section 70, X can claim compensation for the service rendered despite no contract existing.
Section 70 protects X’s right to payment.
Ensures Y cannot unfairly benefit without paying.
Historical Background of Contract Act Section 70
Section 70 was introduced to address cases where benefits were conferred without contracts, preventing unjust enrichment. Courts historically applied it to uphold fairness and impose liability for non-gratuitous acts.
Created to fill gaps in contract law.
Applied by courts to enforce fairness.
Has evolved to cover diverse informal transactions.
Modern Relevance of Contract Act Section 70
In 2026, Section 70 remains vital for digital and informal transactions where contracts may be absent. It applies to e-commerce, online services, and digital goods, ensuring compensation for benefits received.
Applies to digital and online transactions.
Protects service providers in informal agreements.
Relevant in resolving modern commercial disputes.
Related Sections
Contract Act Section 2 – Definitions of contract terms.
Contract Act Section 10 – Requirements of a valid contract.
Contract Act Section 65 – Obligation of person who has received advantage under void agreement.
Contract Act Section 73 – Compensation for loss or damage caused by breach.
IPC Section 415 – Cheating, relevant where consent is obtained by deception.
Evidence Act Section 101 – Burden of proving contract terms.
Case References under Contract Act Section 70
- Chinnaya vs Ramayya (1882) ILR 5 Mad 25
– Established liability for compensation when benefits are received without contract.
- Union of India vs Raman Iron Foundry (1974) AIR 1590 SC
– Affirmed Section 70’s role in preventing unjust enrichment.
- Raghunath Rai vs State of Bihar (1962) AIR 116
– Clarified scope of lawful acts done without contract.
Key Facts Summary for Contract Act Section 70
Section: 70
Title: Liability for Non-Gratuitous Acts
Category: Enforceability, Unjust Enrichment
Applies To: Providers and beneficiaries without contract
Transaction Stage: Post-act, pre-contract or no contract
Legal Effect: Creates obligation to compensate or restore
Related Remedies: Compensation, restitution, damages
Conclusion on Contract Act Section 70
Section 70 of the Contract Act 1872 plays a crucial role in ensuring fairness where benefits are conferred without formal contracts. It prevents unjust enrichment by imposing liability on beneficiaries who enjoy non-gratuitous acts. This provision fills a vital gap in contract law by protecting service providers and suppliers in informal or incomplete agreements.
By understanding Section 70, parties can better navigate situations lacking formal contracts, ensuring rights to compensation are upheld. Its application in modern digital and commercial transactions underscores its continuing importance in maintaining equitable business practices and legal certainty.
FAQs on Contract Act Section 70
What does Section 70 of the Contract Act cover?
Section 70 covers liability for compensation when a person lawfully does something for another without a contract but expects payment, and the other party benefits.
Does Section 70 apply to voluntary acts?
No, Section 70 does not apply to gratuitous or voluntary acts done without expecting compensation.
Who can claim compensation under Section 70?
The person who lawfully performs an act or delivers goods without contract but expects payment can claim compensation if the other party benefits.
Can Section 70 be used if there is a valid contract?
No, Section 70 applies only where no contract exists or the act is done outside contractual obligations.
What remedies are available under Section 70?
Remedies include compensation, restitution of benefits, and damages to prevent unjust enrichment of the beneficiary.