THE NATIONAL LAW INSTITUTE

UNIVERSITY, BHOPAL

SYNOPSIS

CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED

Submitted by: Submitted to:

AkSHAY PATHAK Mrs. RIDHIMA DIXHIT
2021BALLB137

FIRST SEMESTER
B. A. LL. B. (Hons.)

OCTOBER 2021

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INTRODUCTION

The concept of Unjust Enrichment has been defined in a variety of different books in a variety of
different ways, but in summary, it means that when a person obtains something from another
without reciprocating, i.e., when a person unjustly enriches himself at the expense of another,
this is the theory of unjust enrichment. But if we go by layman’s language “Unjust” may be
described as anything that violates established criteria of fairness or justice while “Enrichment”
may be defined as when one person obtains something from another, the individual is said to be
enriched. This enrichment may be both beneficial and detrimental. A student gets a graduation
gift from his parents; this is an appropriate enrichment. It is unfair when someone unlawfully
utilizes another's property at the detriment of another.

But what is unjust enrichment in legal terms? In legal terminology, the principle of enrichment
simply is “A person who has benefited unfairly at the cost of another is compelled to pay
restitution. The meaning of this sentence is that if a person gains profit from another person,
causing the other person to suffer loss, the gainer is compelled to compensate the plaintiff in an
amount equivalent to the benefit acquired by the defendant.”

Unjust enrichment may be interpreted in three ways:

1. Unjust enrichment may be regarded as an Aristotelian justice principle that provides redress
when usually sound laws yield unjust consequences in exceptional circumstances.

2. Unjust enrichment may be defined as a 'legal theory' that encompasses a broad ideal of justice
and from which courts might draw answers to specific reparation issues.

3. The term "unjust enrichment" might be seen as indicating a recurring trend in reparation
proceedings.

In this doctrinal research we will try to decipher each and every aspect of “unjust enrichment”.
We will look after its historical background, remedies available for unjust enrichment, cases
related unjust enrichment which later became the touchstone for Indian enrichment theory.

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STATEMENT OF PROBLEM

In India “the doctrine of Unjust enrichment” is codified under Contract Act, 1872 (Sections 68-
72), the Central Excise and Customs Law (Amendment) Act, 1991. This doctrinal project will
study and analyze the “Unjust enrichment” with reference to the Indian statutes and cases so that
we can know understand theory of unjust enrichment in Indian context.

HYPOTHESIS

There are several instances of enrichment on a daily basis, but in this doctrinal inquiry, we will
attempt to explain whether enrichment is justified or unjust. We will explore several legislation
and decisions in order to develop preliminary definitions of unjust enrichment and how these
definitions might be adapted on a case-by-case basis.

METHODOLOGY

The method adopted in this project is based on doctrinal research. This project will study and
explain about the “theory of unjust enrichment”. It follows the cases and books related with
“unjust enrichment”

OBJECTIVES OF STUDY

1. To get a critical understanding of the idea of unjust enrichment in the Indian context.
2. To gain an understanding of how the court reacted to the claimant's allegation of unfair
enrichment.

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REVIEW OF LITERATURE

In order to complete this project various literary sources taken into consideration which included
books, statutes, articles. Apart from it some websites are also referred while completing this
project. Some of the sources are as follows:

1. “Textbook on Contract and Specific Relief” by Avtar Singh1

This renowned textbook on Indian Contract Act, 1872 and Specific Relief by noted jurist
and writer Dr. Avtar Singh was referred while working on this doctrinal project. This
book provides in depth knowledge of the Statutes and Sections with the help of relevant
cases. The author thoroughly explains all the sections related to Unjust Enrichment along
with several important cases and some of the cases are also cited in this project for better
understanding of the topic

2. “Contact Law: a Comparative introduction” by Jans M.Smit2

This innovative and approachable text provides a simple and straightforward introduction
to contract law that is suitable for use across geographical boundaries. It introduces key
principles of contract law through comparisons of solutions from various jurisdictions
and features an innovative design that incorporates text boxes, colour, and graphics,
making it an extremely attractive study tool. This revised second edition incorporates the
most recent changes to the law, such as the French reform of the law of obligations and
the new Consumer Rights Act in the United Kingdom. Additionally, a new chapter on
contracts and third parties was added.

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TENTATIVE CHAPTALIZATION

1) Introduction
2) Concept of unjust enrichment by the various law dictionary
3) Historical background of the theory of Unjust Enrichment
4) Evolution of Unjust Enrichment in Indian law
5) Conclusion and Suggestion
6) Bibliography

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