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Question
Principle: Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so or to provide gratuitously, and such other person takes the benefit of that; the latter is bound to compensate the former for something is done or thing provided, or to restore, the thing so delivered.
Facts: Trader 'A' delivers certain eatables at B's house by mistake. 'B' consumed the eatables without asking anything. Which of the following derivations is correct?
Options
'B' is bound to pay 'A' for the eatables.
'B' is not bound to pay 'A' for the eatables.
'B' can be made liable to pay for the eatables, only if 'A' establishes an express contract between 'A' and 'B'.
It is the discretion of 'B' to make payment to 'A'
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Solution
'B' is bound to pay 'A' for the eatables.
Explanation:
According to section 70 of the Indian Contract Act where a person lawfully does anything for another person or delivers anything to him, not intending to do so gratuitously and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of or to restore the thing so done or delivered.
The reasonable conclusion is drawn that B is bound to pay A for eatables. Hence "‘B’ is bound to pay ‘A’ for the eatables." is correct.
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