Question

The Railway authorities allowed a train to be over-crowded. In consequence, a legitimate passenger, Mr. X got his pocket picked. Choose appropriate answer –

• A. : Mr. X can sue the railway authorities for the loss suffered.
• B. : Mr. X cannot sue because he had given his consent to travel in an over-crowded train.
• C. : Mr. X cannot sue the railway authorities because there was no infringement of legal right and mere fact that the loss was caused does not give rise to a cause of action.
• D. : None of the above

Hint:

Loss without violation of legal right does not give rise to a legal remedy.

Answer 1

The Correct Option is C

In this case, even though Mr. X suffered a loss, the legal principle requires the infringement of a legal right for a cause of action to arise. Overcrowding, unless shown to be directly negligent in causing the loss, does not establish sufficient basis for liability.