'A', a tradesman, leaves his goods at B's house by mistake. 'B' uses the goods as his own. Which of the…
Section 70 of the Indian Contract Act, 1872 obliges a person who enjoys the benefit of a thing delivered to him, not intended to be gratuitous, to pay for it or restore it,…
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'A', a tradesman, leaves his goods at B's house by mistake. 'B' uses the goods as his own. Which of the following is correct under the Indian Contract Act, 1872?
Answer and explanation
Correct answer B
Section 70 of the Indian Contract Act, 1872 obliges a person who enjoys the benefit of a thing delivered to him, not intended to be gratuitous, to pay for it or restore it, and its illustration (a) is this exact case of a tradesman's goods left by mistake and used by B as his own. So "B is bound to pay A". The obligation is quasi-contractual, so it does not depend on B having ordered the goods, and it is wrong to say B need not pay.
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