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Report No. 13

Section 72.- For section 72 of the principal Act, the following section shall be substituted, namely:-

"72. Liability of person to whom money is paid or thing delivered by mistake or under coercion or as a result of fraud, etc.

A person to whom money has been paid, or any thing delivered, by mistake (whether of fact or law) or under coercion, or who obtains such payment or delivery by fraud or misrepresentation or by the exercise of undue influence, must repay or return it.

Explanation.-An act may amount to coercion within the meaning of this section though it does not constitute coercion as defined in section 15".

Sections 72A-B.-- After section 72 of the principal Act, the following sections shall be inserted, namely:-

"72A. When contract of indemnity may be implied.

When an act is done by one person at the request of another, and the act, not being in itself manifestly tortious to the knowledge of the person doing it, turns out to be injurious to the rights of a third party, then, in the absence of express agreement to the contrary, the person doing it is entitled to be indemnified by the person at whose request it is done.

"72B. Restitution by person unjustly benefited in cases not expressly provided for.

In any case not coming within the scope of sections 68 to 72A, where there is no contract, but a person is unjustly benefited at the expense of another person, the former is bound to restore the benefit to the latter or to make compensation therefor."

Indian Contract Act, 1872 Back

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