Question

Principle: Everyone shall be permitted to take advantage of his own wrong.
Facts: A legatee was heavily drunk and driving his car at a speed of 100 Km/per hour in a crowded market. All of a sudden his testator came on the road. There were other people on the road at that time. The car driven by legatee hit the testator and four other persons. All the five persons hit by the car died.

• A. The legatee can take the benefit under the will
• B. The legatee cannot take the benefit under the will
• C. The legatee will be punished
• D. The property of the testator will go to his heirs

Hint:

Even when wrongful acts are involved, a legatee can inherit if the benefit is not directly linked to the wrongful act.

Answer 1

The Correct Option is A

According to the principle that a person cannot take advantage of their own wrong, it is clear that the legatee, having committed a wrongful act by causing the death of the testator, cannot inherit the benefits from that particular wrongful act. However, the legatee can still take the benefit under the will as long as the benefit is not linked to the wrongful act. In this case, since the legatee did not directly benefit from the death but from the will, they are still entitled to the benefit under the will.
Thus, the correct answer is (A). The legatee can take the benefit under the will.
Option (B) is incorrect because the principle does not invalidate the legatee's rights under the will unless the benefit was gained through the wrongful act. Option (C) is incorrect as the legatee is not automatically punished by the act alone unless proven otherwise in court. Option (D) is incorrect because the property is meant to be inherited by the legatee under the will unless there is a legal hindrance due to the wrongful act.

Answer 2

This question requires applying the principle exactly as it is worded, rather than the more familiar general rule that a wrongdoer cannot profit from his own wrong. Let's test each option against the text given.

1. The legatee can take the benefit under the will: The principle here explicitly states that everyone shall be permitted to take advantage of his own wrong. The legatee's own wrongful conduct, reckless drunk driving that caused the testator's death, is exactly the kind of "own wrong" the principle addresses. Applying the rule as stated, the legatee is permitted to take the benefit under the will despite having caused the testator's death through his own wrongdoing.
2. The legatee cannot take the benefit under the will: This reflects the more commonly known maxim that a person cannot profit from his own wrongdoing, but that is not the principle given here. The principle as stated in this question affirmatively permits a person to take advantage of his own wrong, so this option contradicts the text supplied.
3. The legatee will be punished: The principle given deals only with whether the legatee may take the benefit under the will; it says nothing about criminal punishment for the underlying wrongful conduct, so this option addresses a question the principle doesn't answer.
4. The property of the testator will go to his heirs: This assumes the legatee is excluded from the will's benefit, which would only be true under the opposite principle. Since the given principle permits the legatee to take advantage of his own wrong, the property is not automatically redirected to other heirs.

Because the principle expressly permits a person to take advantage of his own wrong, and the legatee's wrong is exactly what caused the testator's death, the legatee remains entitled to the benefit under the will.

Therefore, the correct answer is The legatee can take the benefit under the will.

Answer 3

This principle needs to be read exactly as worded, since it states the reverse of the more familiar rule that a wrongdoer cannot profit from his own wrong. The relevant elements are simply, was a wrong committed by the party in question, and does the principle, as stated, permit that party to benefit from it. Checking each option against this literal wording.

1. The legatee can take the benefit under the will: The legatee's reckless, drunk driving that killed the testator is unquestionably his own wrong. Applying the principle exactly as given, that everyone shall be permitted to take advantage of his own wrong, the legatee is permitted to take the will's benefit despite having caused the testator's death through that wrong.
2. The legatee cannot take the benefit under the will: This applies the opposite, more commonly known maxim, that a wrongdoer cannot profit from his wrong, rather than the principle actually stated in the question, which affirmatively permits exactly that.
3. The legatee will be punished: The principle as given addresses only whether the legatee may take the will's benefit; it is silent on criminal consequences for the underlying conduct, so this option answers a question the stated principle doesn't reach.
4. The property of the testator will go to his heirs: This outcome only follows if the legatee is excluded from the will, which would require applying the opposite rule. Since the given principle permits the legatee to benefit from his own wrong, there is no basis here for redirecting the property elsewhere.

Reading the principle exactly as it is worded, rather than substituting the more familiar contrary maxim, permits the legatee to keep the benefit under the will despite causing the testator's death.

Therefore, the correct answer is The legatee can take the benefit under the will.