Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: When a person unlawfully intervenes in the chattel of another person by which the latter is deprived of its use, the former commits the tort of conversion. And nobody shall enrich himself at other's cost.
FACTUAL SITUATION: Z, a patient suffering from a disease in his digestive system approach ABC medical college. Z was diagnosed as suffering from appendicitis and hence his appendix was removed from his body by ABC medical college. The ABC hospital thereby found unique cell in Z's appendix and using such cell it developed drugs of enormous medical value of rupees five crore from Cipla Industries Limited when Z knew it, he charged rupees four crore.
ANALOGICAL DECISION:
(A) The ABC medical college need not share its income with the patient Z.
(B) The ABC medical college may share its income on
moral point of course.
(C) The ABC medical college must have shared its income with Z.
ANALOGICAL REASON:
(1) Z, far from being deprived of use of his appendix, actually benefitted by its removal.
(2) The ABC medical college instead of waste appendix of Z conducted research on its own and invention of new drug was its effect and result.
(3) The ABC medical college could not have achieved its success without the appendix belonging to Z.
(4) Everybody must care for and share with others.
Your Decision with Reasons.
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: When a person unlawfully intervenes in the chattel of another person by which the latter is deprived of its use, the former commits the tort of conversion. And nobody shall enrich himself at other's cost.
FACTUAL SITUATION: Z, a patient suffering from a disease in his digestive system approach ABC medical college. Z was diagnosed as suffering from appendicitis and hence his appendix was removed from his body by ABC medical college. The ABC hospital thereby found unique cell in Z's appendix and using such cell it developed drugs of enormous medical value of rupees five crore from Cipla Industries Limited when Z knew it, he charged rupees four crore.
ANALOGICAL DECISION:
(A) The ABC medical college need not share its income with the patient Z.
(B) The ABC medical college may share its income on
moral point of course.
(C) The ABC medical college must have shared its income with Z.
ANALOGICAL REASON:
(1) Z, far from being deprived of use of his appendix, actually benefitted by its removal.
(2) The ABC medical college instead of waste appendix of Z conducted research on its own and invention of new drug was its effect and result.
(3) The ABC medical college could not have achieved its success without the appendix belonging to Z.
(4) Everybody must care for and share with others.
Your Decision with Reasons.
The correct option is B A(1)
A (1) . From the above mentioned facts , plainly when the appendix is worked out of the patient's body , it turns into the property of the hospital . Thus , the patient by all appearances has no option to guarantee the portion of the benefit earned by the hospital by expelling appendix from his body .
A (1) .
