Question

LEGAL PRINCIPLES:
1. An act done by the consent of a person above $18$ years is not an offence; provide the offender did not intend to cause death or grievous hurt.
2. Mere pecuniary benefit is not a thing done for a person's benefit'.
FACTUAL SITUATION: A, poor man, is in dire need of money to pay off his money lenders. A approaches Z, a doctor, to operate on him to remove one of his kidneys so that he can donate it to needy people and earn money. The doctor explains to him the risks and thereafter proceeds to remove his kidney. In the process, some complication develop and A develops an abdominal tumour. Is Z guilty?
DECISION:

• A. Yes, donating kidney for money is illegal and amounts to trafficking of organs.
• B. yes, removing kidney for money is not an act protected by this exception.
• C. No, Z performed the operation with A's consent and fully explained him the risks involved.
• D. No, Z's act was done for A's benefit so that he can pay off the money lenders.

Answer 1

The correct option is C No, Z performed the operation with A's consent and fully explained him the risks involved.

The Doctor is not liable because he already explained A the risks involved at the time of operating him. Instead A was ready for operation hence, Z is not liable.