Professional Documents
Culture Documents
Example
X Supplies goods to his customer Y who receives and consumes them.
Y is bound to pay the price. Y’s acceptance of the goods constitutes an
implied promise to pay. This kind of contract is called a tacit contract.
Examples
(b) It is only the property of the incapable person that shall be liable.
He cannot be held liable
personally. Thus, where he doesn’t own any property, nothing shall be
payable.
(2) Reimbursement of person paying money due by another in
payment of which he is interested.
A person who is interested in the payment of money which another is
bound by law to pay, and who, therefore, pays it, is entitled to be
reimbursed by the other. (Section 69).
Example
Examples
1. A, a tradesman, leaves goods at B’s house by mistake. B treats the
goods his own. He is bound to pay for them.
2. A saves B’s property from fire. A is not entitled to compensation
from B, if the circumstances show that he intended to act
gratuitously.
In order that Section 70 may apply, the following conditions must be
satisfied:
(a) the thing must be done lawfully;
(b) the intention must be to do it non-gratuitously; and
(c) the person for whom the act is done must enjoy the benefit of it.
“A person who finds goods belonging to another and takes them into
his custody, is subject to
the same responsibility as a bailee.”24
Examples
1. A and B jointly owe Rs. 1,000 to C. A alone pays the amount to C and
B not knowing this fact, pays Rs. 1,000 over again to C. C is bound to
repay the amount to B.
2. A railway company refuses to deliver certain goods to the consignee
except upon the payment of an illegal charge for carriage. The
consignee pays the sum charged in order to obtain the goods. He is
entitled to recover so much of the charge as was illegally excessive.
(Notice that the term mistake as used in Section 72 includes not only
a mistake of fact but also a mistake of law. There is no conflict
between the provisions of Section 72 on the one hand, and Sections 21
and 22 on the other, and the true principle is that if one party under
mistake, whether of fact or law, pays to another party money which is
not due by contract or otherwise, that money must be repaid)