Obligation of person enjoying benefit of non-gratuitous act
Section 70 of the Indian Contract Act, 1872 deals with 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 delivered1 . The Act came into force on 01 Sep 1872.
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 delivered1 .
Illustrations
(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.
(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.
Section 70, The Indian Contract Act, 1872 (Act 9 of 1872).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Food Corporation of India v. Vikas Majdoor Kamdar Sahkari Mandli Ltd.
Court's Decision & Legal Precedent
Judgment of Main Case order-9.pdf 2007-11-12 DATE VERIFIED. CA 7440/2000. Pasayat/Panta. Quantum meruit / s.70: extra work beyond the contract, enjoyed by the defendant, is payable; extra discharge above 750 MT paid at the claimed rate, contractual rate up to 750 MT.
On this section: A person who enjoys the benefit of a non-gratuitous extra act is bound under s.70 to compensate; extra work beyond a handling contract is payable on a quantum meruit (FCI v. Vikas Majdoor).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Therefore, the formalities that are stipulated when contracts are entered into on behalf of the Government cannot be waived or dispensed with. In dealing with a claim made under Section 70 of the Contract Act, this Court then went on to hold: "…… In other words, if the conditions imposed by Section 70 of the Indian Contract Act are satisfied then the provisions of that section can be invoked by the aggrieved party to the void contract. The first condition is that a person should lawfully do something for another person or deliver something to him; the second condition is that doing the said thing or delivering …
Questions about Section 70
What have the courts held on Section 70 of the Indian Contract Act?
Food Corporation of India v. Vikas Majdoor Kamdar Sahkari Mandli Ltd. (12 Nov 2007) is the leading judgment on this section among those set out below: A person who enjoys the benefit of a non-gratuitous extra act is bound under s.70 to compensate; extra work beyond a handling contract is payable on a quantum meruit (FCI v. Vikas Majdoor).
How do I find court cases under Section 70 of the Indian Contract Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Contract Act 70, section 70 Contract Act, section 70 of the Indian Contract Act. People searching for it also type indian contract act 70. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Food Corporation of India v. Vikas Majdoor Kamdar Sahkari Mandli Ltd. (12 Nov 2007).
When did Section 70 of the Indian Contract Act come into force?
Section 70 of the Indian Contract Act, cited as Contract Act 70, came into force on 01 Sep 1872, having been enacted on 25 Apr 1872. It is in force as at the date shown on this page.
Other sections of this Act
- 73. Compensation for loss or damage caused by breach of contract1822 words
- 23. What considerations and objects are lawful, and what not596 words
- 74. Compensation for breach of contract where penalty stipulated for577 words
- 28. Agreements in restraint of legal proceeding void512 words
- 25. Agreement without consideration, void, unless it is in writing and registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation law423 words
- 16. "Undue influence" defined397 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.