Lawgist70Obligation 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 Bs house by mistake. B treats the goods as his own. He is bound to pay A for them.
(b) A saves Bs property from fire. A is not entitled to compensation from B, if the circumstances show that he intended to act gratuitously.
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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.
- 68 Claim for necessaries supplied to person incapable of contracting, or on his account
- 69 Reimbursement of person paying money due by another, in payment of which he is interested
- 70 Obligation of person enjoying benefit of non-gratuitous act
- 71 Responsibility of finder of goods
- 72 Liability of person to whom money is paid, or thing delivered, by mistake or under coercion
