Question:

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

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In tort law, actual loss without infringement of a legal right does not establish a cause of action.
Updated On: Aug 11, 2025
  • Mr. X can sue the Railway authorities for the loss suffered
  • Mr. X cannot sue because he had given his consent to travel in an overcrowded train
  • Mr. X cannot sue railway authorities because there was no infringement of his legal right and mere fact that the loss was caused does not give rise to a cause of action
  • None of these
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The Correct Option is C

Solution and Explanation

Step 1: For a tort claim to be valid, there must be an infringement of a legal right, not merely a loss.
Step 2: Overcrowding by itself does not constitute a violation of a passenger’s legal rights unless it directly causes an infringement of such rights.
Step 3: Since the loss (pocket picked) was caused by a third party and not due to the breach of a legal duty by the railway, Mr. X cannot sue.
Thus, option (c) is correct.
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