Multiple choice

Directions: Go through the problem and encircle the most appropriate answer.

One evening a delivery boy from M/s. K.T. Das & Co., delivered a carton of sweets at Mr. Chatterjee's residence. The delivery boy told Mrs. Chatterjee that the sweets were ordered by her husband. When Mr. Chatterjee came home in the evening, he told his wife that he did not order any sweets. Nevertheless, the entire family finished all the sweets. Next day morning the delivery boy came again to Mr. Chatterjee's residence and explained that by mistake he delivered the carton to them, in fact it was to be delivered to their next door neighbour. Mr. Bannerjee. When Mrs. Chatterjee told him that they had already consumed the sweets, the boy on behalf of his employer asked Mrs. Chatterjee to pay the price of sweets.

  1. M/s. K.T. Das & Co. have no right to claim the price because there was a serious mistake on the part of their employee.

  2. M/s. Das and Co. cannot claim the price because the sweets were not ordered by Mr. or Mrs. Chatterjee at all.

  3. M/s. Das & Co. cannot claim the price because there was no contract or agreement between them and Mr./Mrs. Chatterjee.

  4. M/s. Das & Co. are entitled to claim the price from Mr. & Mrs. Chatterjee because they consumed the sweets without ascertaining why they were delivered to them and because they enjoyed the sweets through they did not order them.

Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

(4) The fact that the Chatterjees consumed the sweets and did not return them to K.T.Das, creates an implied contract between them and K.T. Das. They are hence liable to pay for the sweets.