Principle: Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so or to provide gratuitously, and such other person takes the benefits of that; the latter is bound to compensate the former for something done or thing provided, or to restore, the thing so delivered. 113. Facts: Trader 'A' delivers certain eatables at 'B's house by mistake. 'B' consumed the eatables without asking anything. Which of the following derivations is correct? (a) 'B' is bound to pay 'A' for the eatables. (b) 'B' can be made liable to pay for the eatables, only if 'A' establishes as an express contract between 'A' and ''B'. (c) 'B' is not bound to pay 'A' for the eatables. (d) It is the discretion of 'B' to make payment to 'A'
Answers
Answer:
Principle: Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so or to provide gratuitously, and such other person takes the benefits of that; the latter is bound to compensate the former for something done or thing provided, or to restore, the thing so delivered. 113. Facts: Trader 'A' delivers certain eatables at 'B's house by mistake. 'B' consumed the eatables without asking anything. Which of the following derivations is correct? (a) 'B' is bound to pay 'A' for the eatables. (b) 'B' can be made liable to pay for the eatables, only if 'A' establishes as an express contract between 'A' and ''B'. (c) 'B' is not bound to pay 'A' for the eatables. (d) It is the discretion of 'B' to make payment to 'A'
Answer:
According to section 70 of the Indian Contract Act where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously and such other person enjoys the benefit there of, the latter is bound to make compensation to the former in respect of or to restore the thing so ...