Question

What is the meaning of the maxim "nemo debet locupletari ex aliena jactura"?

• A. No person should suffer loss out of the loss of another
• B. No person should agree to the same thing in the same sense
• C. No one should grow rich out of one’s own loss
• D. No one should be enriched at the expense of another
• A. Section 68
• B. Section 69
• C. Section 72
• D. Section 70
• A. Are formed by verbal agreement
• B. Rely on offer and acceptance of the parties
• C. Arise from judicial intervention absent consent
• D. Develop from formal written agreement
• A. Law shall follow rigid formalism and technical legal constructs
• B. Restitution for payments made under mistake is not permissible
• C. Quasi contract is an exception to traditional contractual frameworks
• D. Quasi contract is based on the principle of consensus ad idem
• A. A choice determined and imposed by law
• B. Power to decide using violence
• C. A choice determined and imposed by Court
• D. Power to choose something freely

Answer 1

The Correct Option is D

The Latin maxim "nemo debet locupletari ex aliena jactura" translates to "no one should be enriched at the expense of another." It is a principle of equity that prevents unjust enrichment, which occurs when one party gains unfairly at the loss of another.
This maxim underscores the idea that no one should profit from another's misfortune. It reflects the concept that people should not benefit from the loss or detriment of others.
Let’s evaluate the options:
- Option (1): "No person should suffer loss out of the loss of another" – While this option seems related, it doesn't fully capture the maxim's focus on enrichment, rather than the loss itself.
- Option (2): "No person should agree to the same thing in the same sense" – This is unrelated to the maxim, which deals with unjust enrichment, not agreements.
- Option (3): "No one should grow rich out of one’s own loss" – This does not apply, as the maxim focuses on gaining from someone else's loss, not one's own.
- Option (4): "No one should be enriched at the expense of another" – This option correctly interprets the maxim. It aligns with the core idea of preventing one party from benefiting at the expense of another.
Therefore, the correct answer is Option (4).

Answer 2

Under the Indian Contract Act, compensation for a non-gratuitous act is allowed under Section 70. This section applies when a person lawfully does something for another person, or delivers goods to them, without intending to do so as a gift, but the other person benefits from it.
Section 70 states that in such cases, the person who provided the benefit is entitled to be compensated for the work or benefit conferred. This is applicable in situations where one party renders services or delivers goods to another, even if there was no formal agreement.
Let’s review the options: 
- Option (1): Section 68 deals with compensation for goods or services rendered in the absence of a contract, but it is more related to situations where a person delivers goods or services under the circumstances of necessity. 
- Option (2): Section 69 deals with compensation for work done without a contract in the absence of a formal agreement. 
- Option (3): Section 72 pertains to the return of money or goods paid or delivered by mistake. 
- Option (4): Section 70 explicitly covers the compensation for non-gratuitous acts where a person is entitled to payment for the benefit conferred.
Thus, the correct answer is Option (4).
 

Answer 3

Quasi contracts are legal obligations imposed by the court, not based on an agreement between the parties involved. These contracts arise when one party is unjustly enriched at the expense of another, and the court intervenes to prevent that enrichment.
Quasi contracts do not involve mutual consent or formal agreements. Instead, they are typically imposed by the court to ensure fairness and prevent unjust enrichment in the absence of a contract.
Let’s review the options: 
- Option (1): "Are formed by verbal agreement" – Incorrect. Quasi contracts are not formed through verbal agreements, but through legal intervention to prevent unjust enrichment. 
- Option (2): "Rely on offer and acceptance of the parties" – Incorrect. Quasi contracts do not rely on offer and acceptance; they are imposed by the court in the absence of such formal agreements. 
- Option (3): "Arise from judicial intervention absent consent" – Correct. Quasi contracts arise when a court imposes an obligation on a party to prevent unjust enrichment, even though there was no formal agreement or consent. 
- Option (4): "Develop from formal written agreement" – Incorrect. Quasi contracts do not develop from written agreements but from judicial intervention to ensure fairness.
Thus, the correct answer is Option (3).
 

Answer 4

Let's analyze each statement and determine which one is false.
- Option (1): "Law shall follow rigid formalism and technical legal constructs" – This is incorrect because law, especially in quasi contracts, does not always follow rigid formalism. In quasi contracts, flexibility is allowed to ensure fairness and prevent unjust enrichment.
- Option (2): "Restitution for payments made under mistake is not permissible" – This is false. Restitution for payments made under mistake is actually permissible under Section 72 of the Indian Contract Act. If a person makes a payment by mistake, they can seek restitution. Hence, this is the incorrect statement.
- Option (3): "Quasi contract is an exception to traditional contractual frameworks" – This is true. Quasi contracts are different from traditional contracts because they do not require mutual agreement between the parties. They are imposed by law to prevent unjust enrichment.
- Option (4): "Quasi contract is based on the principle of consensus ad idem" – This is incorrect because quasi contracts are not based on mutual consent (consensus ad idem). Instead, they are based on legal intervention to prevent one party from being unjustly enriched at the expense of another.
Thus, the statement that is not true is Option (2).

Answer 5

Volition refers to the act of making a choice or decision freely, without any external coercion or influence. It is the power of choice, reflecting the ability of a person to make decisions based on their own will.
Let’s examine the options:
- Option (1): "A choice determined and imposed by law" – This is incorrect because volition refers to free choice, not a choice imposed by law.
- Option (2): "Power to decide using violence" – This is incorrect because volition does not involve violence. It is about making choices freely, not through force.
- Option (3): "A choice determined and imposed by Court" – This is also incorrect because volition is about personal choice, not something imposed by a court or external authority.
- Option (4): "Power to choose something freely" – This is the correct answer. Volition is the power to make choices freely, based on one’s own will.
Thus, the correct answer is Option (4).