Doctrine of restitution vis a vis minor’s agreement

This Rough draft is submitted in partial fulfilment of the project in “Law of Contracts”
for the requirement of the degree of B.B.A. L.L.B(Hons.)

Submitted to: Submitted by:

Mrs. Shushmita Singh ASHUTOSH RANJAN

Teacher Associate Roll No. - 2812

B.B.A. LL.B.(Hons.)

Semester – 2nd

Chanakya National Law University, Patna

January, 2023

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 TABLE OF CONTENTS

Contents
ACKNOWLEDGEMENT ..........................................................................................................................................3
DECLARATION .......................................................................................................................................................4
1.1 Introduction ....................................................................................................................................................5
1.1.1. Review of Literature ................................................................................ Error! Bookmark not defined.
1.2 Present Study:- ...............................................................................................................................................6
1.2.1. Research Objectives ...............................................................................................................................6
1.2.2. Research Questions ................................................................................................................................6
1.3 Hypothesis * ...............................................................................................................................................6
1.4 Research Methodology ..............................................................................................................................7
1.5 Scope & Limitation of Study ....................................................................... Error! Bookmark not defined.
1.6 Tentative Chapterisation ............................................................................................................................7
Bibliography:- .......................................................................................................................................................8

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 ACKNOWLEDGEMENT

I would like to express my profound gratitude and deep regards to my guide, Mrs. Shushmita
Singh Teacher Associate, for assigning me the topic I was most interested in. It was under his
guidance that I structured my project and built on my abilities to research on the subject.

I owe the present accomplishment of my project to everyone, who helped me immensely with
materials throughout the project and without whom I couldn’t have completed it in the present
way.

I would also like to extend my gratitude to my friends, family members and all those unseen hands
that helped me out at every stage of my project either financially, intellectually or emotionally.

Thank You,
Ashutosh Ranjan
Semester- 2nd
CNLU, Patna

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 DECLARATION

I hereby declare that the work reported in the B.B.A. L.L.B.(Hons.) project report entitled

"Doctrine of restitution vis a vis minor’s agreement" submitted at Chanakya

National Law University, Patna is an authentic record of my work carried out under the
supervision of Mrs. Shushmita Singh. I have not submitted this work elsewhere for any other

degree or diploma. I am fully responsible for the contents of my project report.

(Signature of the candidate)

Ashutosh Ranjan (2812)

B.B.A. LL.B.(Hons.)
2nd Semester
Chanakya National Law University, Patna

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1.1 Introduction

Meaning of Doctrine of Restitution:

The word restitution comes from a Latin word “restituere” which mean “to rebuild” or “to
restore”. The word restitution means the restoration of the benefit and putting the plaintiff in the
original position that would stand before the contract and restraining the defendant from making
a wrongful gain. In simple terms, relinquishment of a benefit or the return of money or the
property obtained through an improper means to the person from whom the property was taken.

Meaning of Doctrine of Restitution:

Section 65 of the Indian Contract Act, 1872 defines the rules of Doctrine of restitution. It deals
with the obligation of a person who has received advantage under void agreement or contract that
becomes void. So according to section 65 of the Indian Contract Act, 1872 “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.”

Examples:

1. A enters into a contract with B to deliver 1000kgs of apple. A delivers 900kgs of apple to B and
forgets to deliver the rest of the agreed apples. B retains the apples which was delivered and
sells it to C. According to the principles of doctrine of restitution, B is bound to pay A for the
900kgs of apple which was delivered.
2. A who is a stand-up comedian agrees to perform in a theatre for a sum of $4000. The theatre
owner pays A, a sum of $2000 as an advance. On the date of performance A falls sick and
couldn’t perform at the theatre. According to the principles of doctrine of restitution, A should
pay back the $2000 to the theatre owner.
3. A agrees to buy a television and speakers from B for a sum of $2500. A pays $2000 as an
advance and agrees to pay the rest of it. B couldn’t deliver the product as it was damaged during
transit. As A had nothing to do with the damages occurred during the transit, B is bound to
return the $2000 back to A.

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1.2 Present Study:-
1.2.1. Research Objectives

1. To do a brief study about Doctrine of restitution.

2. To analyse the legal provisions relating to Doctrine of restitution vis a vis minor’s agreement
in the Indian Contrract Act.
3. To analyse the difference between legal provisions relating to Doctrine of Restitution in
Indian and English Laws .
4. To understand the difference in position of Indian and English Laws regarding Doctrine of
restitution vis a vis minor’s agreement.

1.2.2. Research Questions

1.) What is the legal significance of Doctrine of Restitution?

2.) What is the practical importance of Doctrine of restitution?
3.) Whether the provisions regarding Doctrine of restitution vis a vis minor’s agreement in
Indian Contract Act enough in the present conditions ?
4.) What are the differences in Legal provisions of Indian and English Laws regarding
Doctrine of restitution in relation to minor’s agreement?

1.3 Hypothesis

In this project report, the researcher presumes that strict legal provisions regarding doctrine of
restitution vis a vis minor’s agreement helps in much efficient administration of justice.

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1.4 Research Methodology

The researcher has adopted a purely doctrinal method of research. The study is based on
various primary and secondary sources of data collection such as websites of numerous
organizations, books, journals, articles and research papers.

1.4.1. Mode of Citation

The researcher has followed the citation style as mentioned in the Bluebook 20th Edition.

1.6 Tentative Chapterisation

1.6.1 Introduction

1.6.2 Doctrine of restitution

1.6.3 Doctrine of restitution vis a vis minor’s agreement Indian Contract Act

1.6.4 Difference in the position of Indian and English Law regarding Doctrine
of restitution vis a vis minor’s agreement

1.6.5 Efficacy of section 65 of the Indian Contract Act, 1872 (Doctrine of

restitution) vis a vis minors agreement

1.6.6 Conclusion and suggestions

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Bibliography:-

1. https://thelawexpress.com/doctrine-of-restitution-under-indian-contract-act-1872

2. Indian Contract Act, 1872

3. Rajesh Kapoor ‘Avtar Singh’s Law of Contract and specific relief’ 13th edition 1 January 2022

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