What is Obligation of person enjoying benefit of non-gratuitous act? Section 70 of Indian Contract Act 1872
70. 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 delivered2.
Illustrations
(a) A, a tradesman, leaves goods at B's house by mistake. B
treats the goods as his own. He is bound to pay A for them.
(b) 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.
Section 61 - Application of payment where neither party appropriates
Contracts which need not be performed
Section 62 - Effect of novation, rescission and alteration of contract
Section 63 - Promisee may dispense with or remit performance of promise
Section 64 - Consequences of rescission of voidable contract
Section 66 - Mode of communicating or revoking rescission of voidable contract
Section 67 - Effect of neglect of promisee to afford promiser reasonable facilities for performance
CHAPTER V CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT
Section 68 - Claim for necessaries supplied to person incapable of contracting, or on his account
Section 70 - Obligation of person enjoying benefit of non-gratuitous act
Section 71 - Responsibility of finder of goods
CHAPTER VI THE CONSEQUENCES OF BREACH OF CONTRACT
Section 73 - Compensation for loss or damage caused by breach of contract
Section 74 - Compensation for breach of contract where penalty stipulated for
Section 75 - Party rightfully rescinding contract entitled to compensation
CHAPTER VII SALE OF GOODS
Section 76-123 Sale of Goods omitted
CHAPTER VIII INDEMNITY AND GUARANTEE