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प्रश्न
Legal Principle: No remedy lies in law where an injury is caused to a person without any infringement of his legal right.
Fact Situation: Ashutosh started a tuition Centre right next to the one being run for the past twenty years by Gulshan. After Ashutosh started his Centre, a large number of students shifted from Gulshan’s tuition Centre to Ashutosh’s Centre forcing Gulshan to close down his establishment suffering huge losses. Can Gulshan initiate legal action against Ashutosh?
Which of the following statements is the most appropriate in relation to the legal principle stated above?
विकल्प
Ashutosh must compensate Gulshan for his loss consequent to the start of the new tuition centre.
Gulshan cannot blame Ashutosh if he cannot retain his students.
Ashutosh has not violated any legal right of Gulshan, though students shifted to Ashutosh’s Centre and though Gulshan suffered a loss after he shut down his tuition Centre.
Gulshan should have improved his quality with lower fees to retain his students in the light of competition brought in by Ashutosh.
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उत्तर
Ashutosh has not violated any legal right of Gulshan, though students shifted to Ashutosh’s Centre and though Gulshan suffered a loss after he shut down his tuition Centre.
Explanation:
Damnum sine injuria a Latin maxim that means damage without legal injury. When there is the actual damage caused to the plaintiff without infringement of his legal right, no action lies against the defendant. In order to make someone liable in tort, the plaintiff must prove that he has sustained legal injury. Damage without injury is not actionable in the law of torts. The case presented before us is a perfect example where the phrase "Damnum sine injuries" applies. Inspite of the fact that Gulshan incurred huge losses due the competition given by Ashutosh, he cannot hold Ashutosh liable for the same and claim damages as none of his legal rights was infringed and Damage without injury is not actionable in the law of torts. Hence "Ashutosh has not violated any legal right of Gulshan, though students shifted to Ashutosh’s Centre and though Gulshan suffered loss, after he shut down his tuition Centre." seems most appropriate.
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