Question:

Legal Principle: When there is an infringement of the legal right of a person, he gets a right to sue the wrongdoer for remedy irrespective of any actual loss caused.
Fact Situation: Saroj is prevented from voting at an election. The candidate she intended to vote for, wins the election.
Which of the following statements is the most appropriate in relation to the legal principle stated above?

Show Hint

Injuria sine damno means you can sue for a violation of your legal rights even if you suffered no monetary or actual damage.
Updated On: Aug 14, 2025
  • Saroj’s legal right has been violated and she can sue the persons who prevented her from voting.
  • Since Saroj’s candidate has won the election, her rights are not violated and she cannot sue.
  • Since Saroj is not the candidate, her rights are not violated if she is prevented from voting.
  • This principle is not at all applicable in this case.
Hide Solution
collegedunia
Verified By Collegedunia

The Correct Option is A

Solution and Explanation


Step 1: Understanding the legal principle
- The principle here is based on the concept of \textit{injuria sine damno} — a legal wrong without actual damage.
- If a person’s legal right is violated, they can sue even if no actual damage has occurred.
Step 2: Applying to the facts
- Saroj has a legal right to vote.
- This right was infringed because she was prevented from voting.
Step 3: Effect of election result
- The fact that her preferred candidate won does not erase the violation of her legal right.
- The principle says the right to sue exists irrespective of actual loss, so the outcome of the election is irrelevant.
Step 4: Eliminating incorrect options
- Option (2) is wrong because winning of the candidate is immaterial to the violation.
- Option (3) is wrong because the right to vote exists for every voter, not just candidates.
- Option (4) is wrong because the principle directly applies here.
Step 5: Conclusion
- Saroj’s legal right was infringed, so she can sue the persons responsible.
\[ \boxed{\text{Saroj’s legal right has been violated and she can sue.}} \]
Was this answer helpful?
0
0

Questions Asked in CLAT exam

View More Questions