Tort (CLAT Legal-Aptitude): Questions 52 - 53 of 82
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Question number: 52
Which of the following is the meaning of the famous maxim volenti non fit injuria in the law of torts?
The voluntary accepting of an injury
The voluntary accepting of a risk
Tortuous liability in an involuntary fit
|d.||Question does not provide sufficient data or is vague|
Question number: 53
Appeared in Year: 2014
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?
Since no fundamental right of `A’ had been violated, therefore, as such, no compensation could be granted
No compensation could be granted, as `A’ had suffered no loss as his candidate won the election
Since legal right of `A’ had been violated, therefore, compensation should be granted
Since no legal right of `A’ had been violated, therefore, as such, no compensation could be granted