Principle: Quasi-contracts under Section 70 of the Indian Contract Act require that a person lawfully do something for another, not intending to do so gratuitously, and the other enjoys the benefit.
Facts: A tradesman leaves goods at B house by mistake. B treats the goods as his own and consumes them. Can A recover compensation from B?
Answer and explanation
Correct answer: D. Yes, B is bound to pay compensation under Section 70 as he enjoyed the benefit
- Step 1: Refer to Section 70 of the Indian Contract Act 1872 regarding non-gratuitous acts.
- Step 2: Where a person lawfully delivers goods to another, not intending to do so gratuitously, and the other person enjoys the benefit, the latter is bound to make compensation.
- Step 3: B consumed the goods and must compensate A under quasi-contract.
Answer
Yes, B is bound to pay compensation under Section 70 as he enjoyed the benefit.
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