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A supplies B, who is incapable of contracting, with necessaries suited to B’s circumstances. From where…

Section 68 of the Indian Contract Act, 1872 allows the supplier of suitable necessaries to recover from the property of the person incapable of contracting. The claim is…

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A supplies B, who is incapable of contracting, with necessaries suited to B’s circumstances. From where may A obtain reimbursement under the Indian Contract Act, 1872?

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Answer and explanation

Correct answer B

Section 68 of the Indian Contract Act, 1872 allows the supplier of suitable necessaries to recover from the property of the person incapable of contracting.

The claim is against the property and does not depend on a personal contractual promise by B.

Option feedback

Option A

Section 68 grants reimbursement out of property and does not impose personal liability as a contracting debtor.

Option B

Section 68 gives the supplier a right to reimbursement from the property of the person incapable of contracting.

Option C

A family relationship alone gives the supplier no claim against relatives under section 68.

Option D

Section 68 directs reimbursement to the incapable person’s property and creates no claim against the State.

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