Question:

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 benefits of that; the latter is bound to compensate the former for something done or thing provided, or to restore, the thing so delivered.
Facts: Trader 'A' delivers certain eatables at 'B's house by mistake. 'B' consumed the eatables without asking anything. Which of the following derivations is correct?

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If a person benefits from something delivered unintentionally, they must compensate the deliverer.
Updated On: Aug 18, 2025
  • 'B' is bound to pay 'A' for the eatables.
  • 'B' can be made liable to pay for the eatables, only if 'A' establishes as an express contract between 'A' and 'B'.
  • 'B' is not bound to pay 'A' for the eatables.
  • It is the discretion of 'B' to make payment to 'A'.
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The Correct Option is A

Solution and Explanation

As per the principle, if a person delivers something to another person and the recipient takes benefit from it, the recipient is bound to compensate the deliverer. In this case, 'B' has consumed the eatables delivered by mistake, thus making 'B' liable to pay for them.


Option (B) 'B' can be made liable to pay for the eatables, only if 'A' establishes an express contract between 'A' and 'B': This option is incorrect. Even without an express contract, 'B' is liable to compensate for the benefit received.

Option (C) 'B' is not bound to pay 'A' for the eatables: This is incorrect. Since 'B' benefited from the eatables, 'B' is required to pay.

Option (D) It is the discretion of 'B' to make payment to 'A': This is incorrect. 'B' is legally bound to compensate 'A' for the benefit received.
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