Question

LEGAL PRINCIPLE: In cases where there is an infringement of legal right even without any actual loss or damage, the person whose right is infringed has a cause of action.
FACTUAL SITUATION: P was wrongfully prevented by the Returning Officer from exercising his vote in an assembly election. However, the candidate for whom he wanted to caste his vote won the election. Still, he (P) brought an action claiming damages. Which of the following derivations is correct?

• A. P would succeed in his action, as it is mandatory to cast vote.
• B. P would not succeed in his action, as the candidate for whom he wanted to give his vote won the election.
• C. P would not succeed in his action, as he did not suffer any loss in that election.
• D. P would succeed in his action, as he was wrongfully prevented from exercising his legal right of voting in that election.

Answer 1

The correct option is D P would succeed in his action, as he was wrongfully prevented from exercising his legal right of voting in that election.

Injuria Sine Damno, is a legal doctrine in law of torts and is related to damages. The meaning of the above maxim is infringement of an absolute private right without any actual loss or damage. The actual damage means physical loss in terms of money, comfort, health, etc. It is sufficient to show the violation a legal right in which case the law will presume damage. Hence, P will be successful in bringing an action to claim damages.