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प्रश्न
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?
पर्याय
'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'
उत्तर
'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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संबंधित प्रश्न
Consists of legal proposition(s)/ principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
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