Question:
X went to Y's house and forgot his bag which contained 1 kg sweets. Y's children consumed the sweets. Decide the liability of Y.
X went to Y's house and forgot his bag which contained 1 kg sweets. Y's children consumed the sweets. Decide the liability of Y.
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Quasi-contracts create obligations similar to contracts to prevent unjust enrichment — even without a formal agreement.
Updated On: Aug 11, 2025
- Y is bound to pay the price of sweets to X
- Y is not bound to pay anything
- Y is bound to pay half the price of sweets
- Y would not have to pay anything because X loves Y's children
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The Correct Option is A
Solution and Explanation
Step 1: Identifying the legal principle
This situation falls under Section 70 of the Indian Contract Act, 1872 — “Obligation of person enjoying benefit of non-gratuitous act” — which is part of quasi-contracts.
Step 2: Conditions under Section 70
For liability to arise: 1. A person lawfully does something for another person or delivers something to him.
2. He does not intend to act gratuitously.
3. The other person enjoys the benefit.
Step 3: Applying the facts
- X’s sweets were consumed by Y’s children — benefit enjoyed by Y’s household.
- Even if X forgot the bag, the enjoyment of goods was without intention of being gratuitous (ownership still with X).
- Goods cannot be returned once consumed — monetary compensation must be given.
\[ \boxed{\text{Y is liable to pay the value of sweets to X.}} \]
This situation falls under Section 70 of the Indian Contract Act, 1872 — “Obligation of person enjoying benefit of non-gratuitous act” — which is part of quasi-contracts.
Step 2: Conditions under Section 70
For liability to arise: 1. A person lawfully does something for another person or delivers something to him.
2. He does not intend to act gratuitously.
3. The other person enjoys the benefit.
Step 3: Applying the facts
- X’s sweets were consumed by Y’s children — benefit enjoyed by Y’s household.
- Even if X forgot the bag, the enjoyment of goods was without intention of being gratuitous (ownership still with X).
- Goods cannot be returned once consumed — monetary compensation must be given.
\[ \boxed{\text{Y is liable to pay the value of sweets to X.}} \]
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