Obligation of person enjoying benefit of non-gratuitous act
Chapter 6: Of certain relations resembling those created by contract
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 delivered1.
Illustrations.
(a) A, a tradesman, leaves goods at B‟s house by mistake. B treats the goods as his own. He is bound to pay A for them.
(b) A saves B‟s property from fire. A is not entitled to compensation from B, if the circumstances show that he intended to act gratuitously.
The Indian Contract Act, 1872 (Act No. 9 of 1872). From the updated text on India Code, with later amendments. Being checked against the official copy; amendment notes are not shown yet.
Related sections
- 68Claim for necessaries supplied to person incapable of contracting, or on his account
- 69Reimbursement of person paying money due by another, in payment of which he is interested
- 71Responsibility of finder of goods
- 72Liability of person to whom money is paid, or thing delivered, by mistake or under coercion