Mani a tradesman leaves a bag of rice at Selvam’s house by mistake. Selvam consumes the goods for his own use. Can Mani recover the price of the goods from Selvam?
Yes. Mani can recover the price of the goods from Selvam.
As per Sec. 72 of the Indian Contract Act which speaks about quasi contract – If a person pays or delivers by mistake or under coercion something to any person, the latter must repay or return it to the person who pays it. The mistake here can be a mistake of fact or mistake of law.
Further, as per Sec. 70 of the Indian Contract Act which reads that ‘if a person lawfully does or delivers anything to another person not intending to do so freely (gratuitously), then such other person who enjoys such benefit is bound to compensate the former. However the thing done must be a lawful one’.Thus Selvam must pay for the price of the goods to Mani.