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The Indian Contract Act, 1872: page 28

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    65. Obligation of person who has received advantage under void agreement, or contract that
becomes void.—When an agreement is discovered to be void, or when a contract becomes void, any
person who has received any advantage under such agreement or contract is bound to restore it, or to
make compensation for it to the person from whom he received it.
                                                           Illustrations
    (a) A pays B 1,000 rupees in consideration of B’s promising to marry C, A’s daughter. C is dead at the time of the promise.
The agreement is void, but B must repay A the 1,000 rupees.
     (b) A contracts with B to deliver to him 250 maunds of rice before the first of May. A delivers 130 maunds only before that
day, and none after. B retains the 130 maunds after the first of May. He is bound to pay A for them.
     (c) A, a singer, contracts with B, the manager of a theatre, to sing at his theatre for two nights in every week during the next
two months, and B engages to pay her a hundred rupees for each night’s performance. On the sixth night, A wilfully absents
herself from the theatre, and B, in consequence, rescinds the contract. B must pay A for the five nights on which she had sung.
    (d) A contracts to sing for B at a concert for 1,000 rupees, which are paid in advance. A is too ill to sing. A is not bound to
make compensation to B for the loss of the profits which B would have made if A had been able to sing, but must refund to B the
1,000 rupees paid in advance.

    66. Mode of communicating or revoking rescission of voidable contract.—The rescission of a
voidable contract may be communicated or revoked in the same manner, and subject to the same rules, as
                                                                                      e
apply to the communication or revocation of a proposal1.
                                                                               od
    67. Effect of neglect of promisee to afford promisor reasonable facilities for performance.—If
                                                                       aC
any promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his
promise, the promisor is excused by such neglect or refusal as to any non-performance caused thereby.
                                                                 di
                                                           Illustration
     A contracts with B to repair B’s house.                In
     B neglects or refuses to point out to A the places in which his house requires repair.
     A is excused for the non-performance of the contract if it is caused by such neglector refusal.

                                                         CHAPTER V
             OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT
    68. Claim for necessaries supplied to person incapable of contracting, or on his account.—If a
person, incapable of entering into a contract, or any one whom he is legally bound to support, is supplied
by another person with necessaries suited to his condition in life, the person who has furnished such
supplies is entitled to be reimbursed from the property of such incapable person.2
                                                           Illustrations
    (a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B’s
property.
    (b) A supplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. A is entitled to be
reimbursed from B’s property.

    69.Reimbursement of person paying money due by another, in payment of which he is
interested.—A person who is interested in the payment of money which another is bound by law to pay,
and who therefore pays it, is entitled to be reimbursed by the other.




1. See ss. 3 and 5, supra.
2. The property of a Government ward in Madhya Pradesh is not liable under this section, see the C.P. Court of Wards Act, 1899
(24 of 1899), s. 31(1).

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