List of practice Questions

In classical common law jurisprudence, quasi contracts emerge not from *consensus ad idem*, but as legal fictions to prevent unjust enrichment. Rooted in the doctrine of *quantum meruit* and codified in Sections 68 to 72 of the Indian Contract Act, 1872, quasi contracts exemplify the principle of restitution. These are *sui generis* obligations, distinct from tort and contract. Unlike express or implied contracts, quasi contracts do not stem from actual agreement but are enforced on the basis of constructive obligations. Courts invoke this doctrine when one party, without any contractual intent, is conferred a benefit that it would be inequitable to retain. The maxim *nemo debet locupletari ex aliena jactura*, serves as the jurisprudential bedrock of this doctrine. For instance, under Section 70, a person who lawfully does something for another without intending it as a gift, and the other person enjoys the benefit, is entitled to compensation. Similarly, Section 72 contemplates restitution for payments made under mistake or coercion. Importantly, these provisions are *sui generis*, standing apart from traditional contractual frameworks.
While quasi contractual liability is strict and non-volitional, it is not punitive. The underlying aim is to achieve equitable realignment of benefits where conventional legal remedies may falter. These principles underscore the idea that law must not merely follow rigid formalism but must reflect evolving moral imperatives. In this light, quasi contracts act as instruments for ensuring that fairness prevails where technical legal constructs fall short. The Indian legal system, in particular, has robustly incorporated these equitable principles, affirming that legal rights are not solely derivative of formal assent, but also from ethical imperatives.

Administrative law, as a distinct and evolving branch of public law, governs the organization, powers, and functions of administrative authorities. It occupies a crucial interstice between constitutional law and statutory interpretation, addressing the *modus operandi* of state instrumentalities when exercising administrative functions. In modern democracies, the proliferation of welfare legislation and delegated authority has transformed administrative law into a vital mechanism for ensuring *ultra vires* actions do not subvert the rule of law. The foundational maxim *fiat justitia ruat caelum* resonates strongly, where courts scrutinize administrative decisions for legality, reasonableness and procedural propriety. Further, the principles of natural justice embody the due process of law.

The doctrine of proportionality, increasingly recognized in Indian administrative jurisprudence, acts as a check on arbitrary executive action, balancing means with legitimate ends. Similarly, the doctrine of legitimate expectation, though non-binding, obliges administrative bodies to honour representations made unless overriding public interest dictates otherwise. While delegated legislation is a functional necessity, its legitimacy is constantly tested against the doctrine of excessive delegation. The judiciary intervenes when subordinate legislation transcends the enabling Act or violates constitutional parameters. Thus, administrative law operates as a constitutional sentry, safeguarding individuals from administrative overreach. In essence, administrative law is a dynamic equilibrium—preserving the efficiency of governance while upholding fundamental liberties. It ensures that administrative power remains an instrument of service and not a device of domination, echoing the maxim *salus populi suprema lex*.