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‘A’, a businessman, leaves goods at ‘B’s house by mistake. ‘B’ treats the goods as his. Is ‘B’ liable…

Section 70 illustration(a) describes a tradesman leaving goods at another’s house by mistake and the recipient treating them as his own. The recipient is bound to pay for…

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‘A’, a businessman, leaves goods at ‘B’s house by mistake. ‘B’ treats the goods as his. Is ‘B’ liable to pay?

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Answer and explanation

Correct answer B

Section 70 illustration(a) describes a tradesman leaving goods at another’s house by mistake and the recipient treating them as his own. The recipient is bound to pay for them.

Option feedback

Option A

Having treated the goods as his own, B cannot avoid liability on these facts.

Option B

This reproduces the substance of section 70 illustration(a): B must pay for goods he treats as his own.

Option C

B cannot unilaterally choose to keep and use the goods without compensating A.

Option D

B has no unilateral right to discharge the full obligation through an arbitrary part payment.

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