Obligation 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 delivered.1 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.1 Illustrations
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. 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.
A saves Bs property from fire. A is not entitled to compensation from B, if the circumstances show that he intended to act gratuitously. 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.