Negotiorum Gestor
Legal definition for Indian law research
Definition
Negotiorum gestor, a person who spontaneously, and without the knowledge or consent of the owner, intermeddles with his property, as to do work on it, or to carry it to another place, etc.
In cases of this sort, as he acts wholly without authority, there can, strictly speaking, be no contract. But the Roman Law raised a quasi mandate, by implication, for the benefit of the owner in many of such cases. Nor is an implication of this sort wholly unknown to the Common Law, where there has been a subsequent ratification of the acts by the owner; and sometimes where unauthorized acts are done, positive presumptions are made bylaw for the benefit of particular parties. thus, if a stranger enter upon a minor'' lands and take the profits, the law will, in many cases oblige him to account to them in or for the profits as his bailiff; for it will be presumed that he entered to take them in trust for the infant, See Wall v. Stanwick, (1887) 34 Ch D 763.
As the negotiorum gestor interferes without any actual mandate, there is good reason for requiring him to exert the requisite skill and knowledge to accomplish the object or business which he undertakes; to do everything which is incident to or dependent upon that object or business, and to finish whatever he has begun. Without such an obligation every person in the community would be at the mercy of ignorant and officious friends, Story on Bailments.
In cases of this sort, as he acts wholly without authority, there can, strictly speaking, be no contract. But the Roman Law raised a quasi mandate, by implication, for the benefit of the owner in many of such cases. Nor is an implication of this sort wholly unknown to the Common Law, where there has been a subsequent ratification of the acts by the owner; and sometimes where unauthorized acts are done, positive presumptions are made bylaw for the benefit of particular parties. thus, if a stranger enter upon a minor'' lands and take the profits, the law will, in many cases oblige him to account to them in or for the profits as his bailiff; for it will be presumed that he entered to take them in trust for the infant, See Wall v. Stanwick, (1887) 34 Ch D 763.
As the negotiorum gestor interferes without any actual mandate, there is good reason for requiring him to exert the requisite skill and knowledge to accomplish the object or business which he undertakes; to do everything which is incident to or dependent upon that object or business, and to finish whatever he has begun. Without such an obligation every person in the community would be at the mercy of ignorant and officious friends, Story on Bailments.
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