Question

Principles:
1. When a person unlawfully interferes with another’s chattel depriving him of its use, it is conversion.
2. Nobody shall enrich himself at another's expense.
Facts: A patient’s appendix was removed at a hospital. The hospital used unique cells from it to develop valuable drugs. The patient, learning of this later, claimed a profit share.
Possible decisions:
(a) Hospital need not share profits
(b) Hospital may share on ex gratia basis
(c) Hospital shall share profits
Possible reasons:
(i) The patient benefited from removal.
(ii) Hospital’s research was its own effort.
(iii) Hospital could not have succeeded without the appendix.
(iv) Everyone must share.

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

Hint:

Ownership of removed human tissue generally vests in the medical institution once it is lawfully removed, unless a prior agreement states otherwise.

Answer 1

The Correct Option is A

Step 1: Tort of conversion. Here, after removal, the appendix was discarded property; patient benefited medically.
Step 2: Principle 2’s application. Enrichment here was not at patient’s expense — patient lost nothing by hospital’s use.
Step 3: Conclusion. Since the patient benefited and had no loss, no profit sharing is due. Decision (a) with reason (i).
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