Principle Where a person lawfully does anything for another person or delivers anything to him not i...........

Legal Concepts Law of Torts

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 benifits of that; the latter is bound to compensate the former for somethind done or thing provided, or ot

restore, the thing so delivered.

Facts: Trader 'A' delivers certain eatables at 'B's house by mistake. 'B' consmed the eatables without asking anything. Which of the following derivations is correct?

'B' is bound to pay 'A' for the eatables.

'B' can be made liable to pay for the eatables, only if 'A' establish as an express contract between 'A' and ''B'.

'B' is not bound to pay 'A' for the eatables.

It is the discretin of 'B' to make payment to 'A'

Explanation:

The factual situation is a case of ‘quasi-contract’, ‘implied-in-law’ or a ‘constructive’ contract. A’s delivery of eatables to B was by mistake and it was not a gratuitous act, hence B is liable to compensate A. 'B' is bound to pay 'A' for the eatables.