Tort (CLAT Legal-Aptitude): Questions 52 - 53 of 82

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Question number: 52

» Tort

MCQ▾

Question

Which of the following is the meaning of the famous maxim volenti non fit injuria in the law of torts?

Choices

Choice (4) Response

a.

The voluntary accepting of an injury

b.

The voluntary accepting of a risk

c.

Tortuous liability in an involuntary fit

d.

Question does not provide sufficient data or is vague

Question number: 53

» Tort

Appeared in Year: 2014

MCQ▾

Question

PRINCIPLES: Whenever there is an invasion of a legal right, the person in whom the right is vested, is entitled to bring an action though he has suffered no actual loss or harm, and may recover damages (compensation).

FACTS: `A’ was a qualified voter for the Lok Sabha election. However, a returning officer wrongfully refused to take A’s vote. In spite of such wrongful refusal, the candidate, for whom `A’ wanted to vote, won the election. But, `A’ brought an action for damages:

Which of the following derivations is CORRECT?

Choices

Choice (4) Response

a.

Since no fundamental right of `A’ had been violated, therefore, as such, no compensation could be granted

b.

No compensation could be granted, as `A’ had suffered no loss as his candidate won the election

c.

Since legal right of `A’ had been violated, therefore, compensation should be granted

d.

Since no legal right of `A’ had been violated, therefore, as such, no compensation could be granted

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