Principle Whenever there is an invasion of a legal right the person in whom the right is vested...........

Legal Concepts Law of Torts

Principle: 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 legal right of ‘A’ had been violated, therefore, as such, no compensation could be granted

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

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

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

Explanation:

In this case though no damage was caused to B(his preferred candidate won the election),
yet his legal right was violated as he had a legal right to cast his vote.
Therefore, the violation of this right shall result in an injury which entitles him to bring an action and recover damages/compensation though he may have suffered no actual loss.