Facts: a Patient Suffering from Stomach Ailment Approached. a Teaching Hospital. He Was Diagnosed as Suffering from Appendicitis and His Appendix Was Removed. - Legal Reasoning

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MCQ

The question contains some basic principles and fact situations in which these basic principles have to be applied. A list of probable decisions and reasons are given.

Principles:

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 gratis 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 the 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.

Options

  • (a) (i)

  • (a) (ii)

  • (c) (iii)

  • (c) (iv)

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Solution

(a) (i)

Explanation:

The reason is justified that the patient is far from being deprived of the use of his appendix, actually benefitted by its removal. 

Concept: Law of Torts (Entrance Exams)
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