Question

The following questions consist of two statements, one labelled as. 'Assertion' and the other as 'Reason'.  Read both the statements carefully and answer using the codes given below.  

Assertion (A): A person claims compensation for his non-gratuitous act.

Reason (R): A person who enjoys benefit from lawful, non-gratuitous acts of another must compensate him even though there is no contract.

Options

• Both Assertion and Reason are correct and Reason is the correct explanation for Assertion

• Both Assertion and Reason are correct but Reason is not the correct explanation for Assertion

• The assertion is correct but the reason is incorrect

• Both assertion and reason are incorrect

Answer 1

The three ingredients to support the cause of action under Section 70 of the Indian Contract Act are these: First, the goods to be delivered lawfully or anything has to be done for another person lawfully. Second, the thing is done or the goods delivered are so done or delivered "not intending to do so gratuitously." Third, the person to whom the goods are delivered "enjoys the benefit thereof." It is only when the three ingredients are pleaded in the plaintiff that a cause of action is constituted under Section 70 of the Indian Contract Act. If any plaintiff pleads the three ingredients and proves the three features the defendant is then bound to make compensation in respect of or to restore the things so done or delivered." Thus it can easily be concluded that the given assertion and reason stand individually true but 'R' is not a correct explanation of 'A'. Hence option "Both Assertion and Reason are correct but Reason is not the correct explanation for Assertion" is correct.