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CLAT 2008 Question Paper with answer key for online practice

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Question : 184

Total: 190

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 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

(a) (i)
(a) (ii)
(c) (iii)
(c) (iv)

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