Site navigation

The doctrine of election under the Transfer of Property Act is founded on which proposition concerning…

The election principle prevents a person taking a benefit under an instrument while rejecting the corresponding disposition or burden imposed by it. Section 35 applies that…

Choose your answer

The doctrine of election under the Transfer of Property Act is founded on which proposition concerning a person who takes the benefit of an instrument?

Select one answer
Answer and explanation

Correct answer C

The election principle prevents a person taking a benefit under an instrument while rejecting the corresponding disposition or burden imposed by it. Section 35 applies that principle where the instrument purports to transfer someone’s property and confers a benefit on its owner. The statutory election and compensation conditions must be satisfied.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic