A, a tradesman, leaves goods at B’s house by mistake. B treats the goods as his own. What follows under…
Section 70 requires compensation or restoration when someone enjoys the benefit of a lawful non-gratuitous act or delivery. The statutory illustration makes B liable to pay…
Choose your answer
A, a tradesman, leaves goods at B’s house by mistake. B treats the goods as his own. What follows under section 70 of the Indian Contract Act, 1872?
Answer and explanation
Correct answer B
Section 70 requires compensation or restoration when someone enjoys the benefit of a lawful non-gratuitous act or delivery. The statutory illustration makes B liable to pay for the goods after treating them as his own.
Option feedback
Option A
The duty in section 70 can arise without a contract of sale. The illustration imposes payment when B takes the goods as his own.
Option B
Section 70, illustration (a), specifically makes B liable to pay A when B treats the mistakenly delivered goods as his own.
Option C
Section 70 imposes a duty by reason of the benefit taken. It does not require an earlier price agreement.
Option D
An unintended delivery does not supply a gratuitous intention. B’s treatment of the goods as his own triggers the illustration.
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