Section 80 The Indian Contract Act, 1872
Section 80 – The Indian Contract Act, 1872
📘 Topic: Obligation of person who receives benefit of non-gratuitous act
📜 Bare Act Language:
Section 80.
"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 delivered."
🔍 Explanation in Simple Terms:
This section covers situations where:
One person does something beneficial for another,
Not intending to do it for free, and
The other person accepts or uses the benefit,
👉 Then the person receiving the benefit is legally required to compensate or return the benefit.
✅ Conditions for Application of Section 80:
The act or delivery must be lawful.
The person acting must not intend to do it gratuitously.
The other person must accept or enjoy the benefit.
It does not apply to gifts or voluntary services done with no expectation of return.
📚 Example:
A, a house painter, mistakenly paints B’s house believing it to be C’s, and B watches and allows the work.
👉 B must pay for the benefit since he allowed it without objection.
If A delivers goods to B by mistake, and B uses them,
👉 B must either return them or pay for them.
⚖️ Legal Principle:
This section is based on quantum meruit – a Latin phrase meaning "as much as one has earned". It prevents unjust enrichment by ensuring that someone who enjoys a benefit must pay for it if it wasn’t intended to be free.
🧾 Not Applicable If:
The act was done as a gift (i.e., intended to be gratuitous).
The recipient refused the benefit or did not use it knowingly.
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