A sells his garden as well as house through the instrument to B. whereas B, wants to retain only the house and wants to cancel the garden. B has to retain the garden if he wants the house or cancel the whole transaction. Which of the following doctrine is applicable in this instance?
Answer & explanation
Correct answer: option 3
The correct answer is Option (3) → Doctrine of Election
Doctrine of Election applies in situations where a party has to choose between two inconsistent rights or claims. In this case, B must decide whether to retain both the house and the garden or to cancel the entire transaction. This doctrine recognizes that a party cannot accept a benefit (the house) while rejecting a burden (the garden) when both are part of the same transaction.