Question

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

• A. not bound to pay as he did not ask the shopkeeper to deliver the bag
• B. bound to pay as he has opened the bag
• C. bound to pay only for the quantity used
• D. neither bound to pay nor return the bag

Hint:

Using unsolicited goods creates legal obligation to pay—partial use counts as acceptance.

Answer 1

The Correct Option is B

Under the law relating to unsolicited goods, if a person uses or consumes part of such goods, it implies acceptance of the goods and creates an obligation to pay for them.
In this case, Y opened the bag and consumed part of its contents, which shows acceptance of the goods.
Option (a) is incorrect because while Y did not request the delivery, his subsequent action of using the goods changes the obligation.
Option (c) is incorrect because acceptance of part implies acceptance of the whole in such contexts.
Option (d) is incorrect because one cannot keep or use unsolicited goods without liability.
Thus, option (b) is correct.