Question

A, a tradesman, leaves the goods at C's house by mistake. C treats the goods as his own. Which of the following is correct?

• A. C is not bound to pay for the goods.
• B. C is not bound to pay for the goods as it entirely mistake of A.
• C. C is bound to pay for the goods.
• D. None of the above

Answer 1

Answer: (C)

C is bound to pay for the goods.

Section 70 of the Indian Contract Act states, "Obligation of person enjoying benefit of non-gratuitous 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."

When A, a tradesman, leaves goods at C's house by mistake, C treats the goods as his own. He is bound to pay A for them.