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Factual Situation: A, a Poor Man, is in Dire Need of Money to Pay off His Money Lenders. - Legal Reasoning

MCQ

Given below is a Statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer. 

LEGAL PRINCIPLE: 
1. An act done by the consent of a person above 18  years is not an offense; 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, a poor man, is in dire need of money to pay off his money lenders. An 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 develops and A develops an abdominal tumor. Is Z guilty? DECISION

Options

  • Yes, donating a kidney for money is illegal and amounts to the trafficking of organs.

  • yes, removing kidney for money is not an act protected  by this exception.

  • No, Z performed the operation with A's consent and  fully explained him the risks involved. 

  • No, Z's act was done for A's benefit so that he can pay  off the money lenders.

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Solution

No, Z performed the operation with A's consent and  fully explained him the risks involved. 

Explanation:

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.

Concept: Law of Torts (Entrance Exams)
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