Q. ‘A’ saves B’s property from fire. Has ‘A’ any remedy against ‘B’ in this case?
West Bengal Judicial Service Exam. 1992
Civil Services/I.A.S. (P.T.) Exam. 1996 (Similar problem).
Civil Services (I.A.S.) Exam. 1969 (Similar problem)
Ans: No, ‘A’ has no remedy against ‘B’ unless the circumstances show that he did not intend to act gratuitously—Section 70 (Obligation of person enjoying benefit of non-gratuitous act).
Reasons: This problem is based on Section 70 of Indian Contract Act. The relevant part of
Section 70 on which this problem is based provides that when a person does anything for another gratuitously, he cannot claim anything in return from such other person.
Thus, in the given problem ‘A’ has no remedy against ‘B’ and he is not entitled to claim any compensation from ‘B’ in view of the provisions made in Section 70, unless the circumstances show that ‘A’ did not intend to save the property of ‘B’ from fire gratuitously.
Note: (1) See Illustration (b) of Section 70.
(2) In Civil Services (I.A.S.) Exam. 1969 a similar problem was given in following words—“’A’ finds a man ‘B’ lying unconscious on the road and fetches ‘C’, a doctor, to attend to him. Has ‘C’ any right to be paid for his services against ‘A’ or ‘B’? Advise ‘C’.”
Source: Kishor Prasad