A Presentation

On Implied Contract

Submitted To: Respected Prof. Resham Chopra

Submitted By: Durgesh Sodha Rupal Singh Ragini Sharma

Introduction
Contracts form an inseparable part of our day to day life. Boarding a bus, buying a cold drink, getting a photocopy made, and all such everyday activity involve contracts. The house we rent, the electricity that is supplied to us, the telephone and table we use all these come to us through

contract.

Implied Contract
Meaning:
By implied contract means implied by law, the law implies a contract though parties never intended. Examples: Ordering a burger at a restaurant. Ambulance taking you to an emergency.

Concepts of Implied Contract

Such contracts are not made by the desire of the parties but are created by law of the land. There is no agreement at all between the parties. The contracts come into being after a party has received a profit or money. Such contracts are valid in case of a particular individual

Cases of Implied Contract

Case 1:

IN THE SUPREME COURT OF INDIA Appellants: Food Corporation of India and Ors. Vs. Respondent: Vikas Majdoor Kamdar Sahkari Mandli Ltd. Disposition: Appeal dismissed

Case-2
Indian Drugs & Pharmaceuticals vs. Employee State insurance Court involved: supreme court of India Petitioner: Indian Drugs & Pharmaceuticals ltd. Respondent: Employee State Insurance Corporation Date of Judgment: 06/ 11/ 1996 Bench: K. Ramaswamy, G.B. Patnayak Brief: ESIC was filed a suit against, Indian Drugs & Pharmaceuticals to pay overtime wages to their employees, Andhra pradesh high court had given order to defendant, to pay overtime wages to their employees, defendant appealed in the supreme court, against the order. According to the SC, though it was not mentioned, in the employment contract to pay the over time wages to employees, but its an implied contract between employer & employee. So the is taken by Andhra High court, is according to the law, so the appeal was dismissed.

Case:3

Kerala High court

Petitioner: Usha Kumari D/O Lakshmikutty vs. Respondent: Jaya kumar s/o John Adam, on sep, 09, 2010. Justice: Thomas P. Joseph. For Petitioner: Ramaswamy Pillai Brief: According, to the plaintiff, defendant borrowed Rs. 85,000 to him on 14/10/2006, the defendant was failed to return his money, & then then plaintiff filed a suit against defendant, at Neyyattinkara Village. The court of the Neyyattinkara village, ordered to the defendant to return his money. To challenge this order as to the jurisdiction of the judge, to entertain the suit. usha kumari has come up with a writ petition. Alleged that as the place of transaction was not mentioned in the plaint, the suit must have been filed where the petitioner resides.

Continue According to Kerala High Court it is true that the place was not indicated in the plaint but its an implied contract between the borrower & the lender. Hence petitioner is bound to perform where, plaintiff resides. Hence the suit filed in the court of Neyyattinkara, within the territorial limits, so the writ petition is dismissed.

Case: 4
IN THE SUPREME COURT OF INDIA Appellants: Haji Mohammed Ishaq Wd. S.K. Mohammed and Ors. Vs. Respondent: Mohamad Iqbal and Mohamed Ali and Co. Honorable Judges: N. L. Untwalia, P. S. Kailasam and R. S. Sarkaria.

Case: 5
IN THE HIGH COURT OF PUNJAB AND HARYANA Appellants: State of Punjab vs. Respondent: Hindustan Development Board Ltd. Honorable Judges: Tek Chand and Shamsher Bahadur

Conclusion
After, going through the meaning, & concepts of implied contract, under Indian Contract Act, 1872. We can say that implied contract plays an important role in our day to day life.

Thank You