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CS Executive · Jurisprudence, Interpretation and General Laws · Law of Torts

A voter, Meena, is wrongfully refused the right to vote by a returning officer, though her candidate won the election anyway and she suffered no financial loss. Under the maxim injuria sine damno, what is the position?

Meena can sue. Injuria sine damno means violation of a legal right is actionable even without actual loss, because the law presumes damage when a right is infringed, as in the case of Ashby v White on wrongful refusal of a vote.

  1. AShe cannot sue because she suffered no actual loss
  2. BShe can sue only if she proves monetary loss
  3. CShe can sue because violation of a legal right is actionable per se without proof of actual damageCorrect
  4. DShe can sue only for criminal prosecution of the officer, not in tort

Explanation

Injuria sine damno means infringement of a legal right without actual damage, and the law presumes damage where a right is violated. This is the principle in Ashby v White. Option 0 states the opposite rule, which applies only to damnum sine injuria.

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