“Wrongful gain”
AI Assist
Summary
Wrongful gain is getting property by unlawful means when the person has no legal right to it. Wrongful loss is losing property by unlawful means when the person was legally entitled to it. Gaining wrongfully includes both acquiring and retaining unlawfully; losing wrongfully includes both being deprived of property and being kept out of it.
Example
Ravi takes Meera's bicycle without permission and sells it, keeping the money. Meera is wrongfully deprived of her property, and Ravi has wrongfully gained because he acquired and retained property he was not legally entitled to.
Bare Act
Enacted textWrongful Gain – is gain by unlawful means of property to which the person gaining is not legally entitled.
Wrongful loss – is the loss by unlawful means of property to which the person losing it is legally entitled.
Gaining wrongfully. Losing wrongfully – A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.
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