CHAPTER V OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT

Section 70: 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 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.

Footnotes in the official text

1.As to suits by minors under s. 70 in Presidency Small Cause Courts, see the Presidency Small Cause Courts Act, 1882 (15 of 1882), s. 32.

Questions on this section

6 questions in 11 of our papers cite Section 70. Try these from the free papers:

1. Assertion (A): A person who saves another's property from fire is not in every case entitled to compensation from the owner under Section 70 of the Indian Contract Act, 1872. Reason (R): Section 70 applies only where a person lawfully does something for another not intending to do so gratuitously, and the other enjoys the benefit of it.

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