Practicing Success
Practicing Success
CUET Preparation Today
| If a person to the transfer gets two selections (a benefit and a burden), then he has to accept both the benefit and the burden or none. He cannot accept the benefit and reject the burden in a single transaction. Which of the following doctrine is being referred to here? |
Doctrine of Restitution Doctrine of Election Doctrine of Lis Pendens Doctrine of proportionality |
| Doctrine of Election |
| According to the principle of Doctrine of Election (Section 35 of the TPA), a party to the transfer cannot accept as well as reject in a single transaction. In other words, while claiming advantage of an instrument, the burden of the instrument should also be accepted. If a person to the transfer gets two selections (a benefit and a burden), then he has to accept both the benefit and the burden or none. He cannot accept the benefit and reject the burden in a single transaction. |
