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No, Ms. Sheetal cannot do so due to the operation of 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 party 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. In Cooper v. Cooper 1874, LR 7 HL 53, the Court held that the doctrine of election applied on every instrument and all types of property.
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A tort, in common law jurisdiction, is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. It can include intentional infliction of emotional distress, negligence, financial losses, injuries, invasion of privacy, and many other things.
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