Each question contains some basic principles and fact situation in which these basic principles have to be applied. A list of probable decisions and reasons are given. You have to choose a decision with reasons specified by shading the appropriate answer in the space provided for it on the OMR answer sheet.

Question 184

(1) When a person unlawfully interferes in the chattel of another person by which the latter is deprived of its use, the former commits the tort of conversion.
(2) Nobody shall enrich himself at other's expense.

FACTS: A patient suffering from stomach ailment approached a teaching hospital.
He was diagnosed as suffering from appendicitis and his appendix was removed. He
became alright. The hospital, however, found some unique cells in the appendix and
using the cell lines thereof, it developed drugs of enormous commercial value. When
the erstwhile patient came to know about it, he claimed a share in the profit made by
the hospital.

Possible Decisions
(a) The hospital need not share its profits with the patient.
(b) The hospital may share its profits on ex gratia basis.
(c) The hospital shall share its profits with the patient.
Possible Reasons
(i) The patient, far from being deprived of the use of his appendix, actually benefitted by its removal.
(ii) The hospital instead of throwing away the appendix conducted further research on it on its own and the development of drug was the result of its own effort.
(iii) The hospital could not have achieved its success without that appendix belonging to the patient.
(iv) Everybody must care for and share with others.
Your decision with the reason

Create a FREE account and get:

  • Download Maths Shortcuts PDF
  • Get 300+ previous papers with solutions PDF
  • 500+ Online Tests for Free


Boost your Prep!

Download App