X, a trader, leaves goods at Y’s house by mistake. Y uses the goods. Which of the following is correct…
This is section 70 illustration (a): a trader mistakenly leaves goods, and the recipient treats them as his own. The recipient who enjoys the benefit of a lawful,…
Choose your answer
X, a trader, leaves goods at Y’s house by mistake. Y uses the goods. Which of the following is correct when X demands recovery of their price and Y refuses to pay?
Answer and explanation
Correct answer B
This is section 70 illustration (a): a trader mistakenly leaves goods, and the recipient treats them as his own. The recipient who enjoys the benefit of a lawful, non-gratuitous act must compensate or restore the thing. Absence of a prior request does not permit retention and use without compensation. The mistake does not transfer ownership automatically.
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