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A cast his vote in the election. The returning officer cancelled his vote illegally. The action did not affect the election as the candidate voted for by A won by a big majority. Can A sue the…

Question and options

A cast his vote in the election. The returning officer cancelled his vote illegally. The action did not affect the election as the candidate voted for by A won by a big majority. Can A sue the returning officer under the Law of Torts?
  1. No, there is no legal injury
  2. Yes, there is Legal Injury
  3. No, his right to vote is not infringed
  4. None of the given options is correct

Answer and explanation

Correct answer: B - Yes, there is Legal Injury
Ashby v. White: infringement of a legal right (right to vote) is actionable per se even without damage (injuria sine damno). So A can sue; there is legal injury.

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