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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…

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?

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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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