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A tradesman mistakenly leaves goods at a customer’s house. The customer treats the goods as their own.…

Section 70 provides for compensation or restoration when a person enjoys the benefit of something lawfully done or delivered without an intention to act gratuitously. In…

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A tradesman mistakenly leaves goods at a customer’s house. The customer treats the goods as their own. What obligation follows under section 70 of the Indian Contract Act, 1872?

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Correct answer B

Section 70 provides for compensation or restoration when a person enjoys the benefit of something lawfully done or delivered without an intention to act gratuitously. In illustration (a), the recipient treats the mistakenly delivered goods as their own and must pay the tradesman for them.

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Option A

Treating the goods as one’s own attracts the compensation obligation in the statutory illustration even though delivery was mistaken.

Option B

Illustration (a) to section 70 makes the recipient who treats the goods as their own liable to pay for them.

Option C

Section 70 can impose compensation without a previous agreement on price.

Option D

A prior order is not required in the statutory illustration. The customer’s treatment of the goods as their own is decisive.

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