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प्रश्न
Legal Principle: When there is an infringement of the legal right of a person, he gets a right to sue the wrongdoer for remedy irrespective of any actual loss caused.
Fact Situation: Saroj is prevented from voting at an election. The candidate she intended to vote for, wins the election.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
पर्याय
Saroj’s legal right has been violated and she can sue the persons who prevented her from voting
Since Saroj‘s candidate has won the election, her rights are not violated and she cannot sue.
Since Saroj is not the candidate, her rights are not violated if she is prevented from voting.
This principle is not at all applicable in this case.
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उत्तर
Saroj’s legal right has been violated and she can sue the persons who prevented her from voting
Explanation:
Infringement. The encroachment, breach, or violation of a right, law, regulation, or contract. The term is most frequently used in reference to the invasion of rights secured by Copyright, patent, or trademark. Right endowed upon by law is called legal right. We all have rights and at the same time, we need to ensure that we do not take away or violate someone else's rights. This is our legal duty. When we fail to perform or incorrectly perform our legal duties, we end up violating someone else's rights and in turn commit a tort. Thus in the case presented before us Saroj's right to vote was infringed and whether or not any damage was caused still she has the right to sue the wrongdoer.
Hence "Saroj’s legal right has been violated and she can sue the persons who prevented her from voting" is correct.
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संबंधित प्रश्न
Consists of legal proposition(s)/ principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
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