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Legal Principle: When there is an infringement of the legal right of a person, he gets a right to sue…

The correct choice is: “Saroj’s legal right has been violated and she can sue the persons who prevented her from voting” This is injuria sine damno (legal injury without…

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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?

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Answer and explanation

Correct answer A

The correct choice is: “Saroj’s legal right has been violated and she can sue the persons who prevented her from voting”

This is injuria sine damno (legal injury without actual damage). The right to vote is Saroj’s legal right, and it was infringed when she was prevented from voting. Under the principle, she can sue even though she suffered no actual loss because her candidate won. The facts mirror Ashby v. White (1703), where a voter wrongfully prevented from voting succeeded although his candidate was elected.

“Since Saroj’s candidate has won the election, her rights are not violated and she cannot sue.” confuses loss with violation of a right. The right to vote belongs to the voter, not only to the candidate, so “Since Saroj is not the candidate, her rights are not violated if she is prevented from voting.” is wrong, and the principle clearly applies.

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