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A trader mistakenly leaves goods at a house. The trader did not intend to supply the goods for free.…

Section 70 illustration (a) treats the use of goods left by mistake as a compensable non-gratuitous benefit. The claimant’s entitlement arises from the benefit enjoyed.

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A trader mistakenly leaves goods at a house. The trader did not intend to supply the goods for free. The occupant uses them. What follows under the Indian Contract Act, 1872?

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Answer and explanation

Correct answer B

Section 70 illustration (a) treats the use of goods left by mistake as a compensable non-gratuitous benefit. The claimant’s entitlement arises from the benefit enjoyed.

Option feedback

Option A

Mistaken delivery does not automatically transfer title to the person who receives the goods.

Option B

Section 70 and its illustration (a) cover the enjoyed benefit of a non-gratuitous delivery.

Option C

Section 70 does not require an advance request where the recipient enjoys the benefit in the statutory circumstances.

Option D

The statutory illustration expressly deals with mistaken delivery and use.

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