Multiple choice

Directions: The following question contains some basic principle and fact situation in which these basic principles have to be applied. A list of probable decision and reasons are given. you have to choose a decision with reason. (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 himself at other's expense.

Fact: A patient suffering from stomach ailment approached a teaching hospital. He was diagnosed as suffering from a appendicitis and his appendix was removed. He become 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 profit 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 benefited 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

  1. (a) (i)

  2. (a) (ii)

  3. (c) (iii)

  4. (c) (iv)

Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The patient benefited from appendix removal and wasn't deprived of its use. The hospital's research on discarded tissue doesn't constitute conversion or unjust enrichment. The tort of conversion requires depriving owner of use, which didn't happen here. The hospital's commercial success came from its own research efforts, not from depriving the patient of anything.