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X, a shopkeeper, leaves a sealed 5 kilogram bag of a branded wheat flour at the door of Y with a note "you will like this quality wheat flour and pay Rupees 100 for this bag" without being asked to do so. Y, on coming back, collects the bag from his door, opens the seal of the bag, and uses a quarter of kilogram for making chapattis (unleavened bread). But next day returns the bag. Is he bound to pay for the bag? He is
not bound to pay as he did not ask the shopkeeper to deliver the bag
bound to pay as he has opened the bag
bound to pay only for the quantity used
neither bound to pay nor return the bag
In this case the bag was sealed. By opening the bag he signified the intention to consume the entire goods as the remainder of the contents could not be resold. So, he is bound to pay as he has opened the bag.
By: Amit Kumar ProfileResourcesReport error
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