CLAT CLAT Solved Paper-2018

  • question_answer
    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 mos appropriate in relation to the legal principle stated above?

    A) Ashutosh must compensate Gulshan for his loss consequent to the start of the new tuition centre.

    B) Gulshan cannot blame Ashutosh if he cannot retain his students.

    C) Ashutosh has not violated any legal right of Gulshan, though students shifted to Ashutosh's centre and though Gulshan suffered loss, after be shut down his tuition centre.

    D) Gulshan should have improved his quality with lower fees to retain his students in the light of competition brought in by Ashutosh.         

    Correct Answer: C

    Solution :

    Sol.      In the given Fact Situation, Ashutosh siarted a tuition centre right next to the one being run for the past twenty years by Gulshan. For the losses suffered by Gulshan, Ashutosh is not liable in any way, since Asbutosh has not violated any legal right of Gulshan. The given Legal Principle also says that no remedy lies in law where an injury is caused to person without any infringement of his legal right.


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