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Principle - Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortuous liability.
Facts – Mr. Akhil lives in a locality that lies just off the main road, which supports heavy traffic and is one of the most important roads in his city. The street on which his house is located is, however, quiet and peaceful, and Akhil is pleased to live there. One day, some road repair works are undertaken on the main road, and as a result, the municipal authorities decide to divert the traffic through the street on which Akhil resides. Akhil is greatly disturbed and annoyed by the constant sound of the vehicles, honking, and traffic jams along the narrow street. He wishes to sue the municipal authorities for the nuisance caused by this diversion of traffic. Will he succeed?
  • a)
    Yes, Akhil will succeed, as his legal right to a peaceful environment is violated by the constant noise of the vehicles.
  • b)
    Yes, Akhil will succeed, as his mental peace has been affected by the act of the municipal authorities.
  • c)
    No, Akhil has no legal right to enjoy a peaceful street, so there has been no violation of a legal right, despite actual damage. So, he cannot succeed in a tortious claim.
  • d)
    Facts are inadequate to decide.
Correct answer is option 'C'. Can you explain this answer?
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Principle - Violation of a legal right, with or without actual damage,...
Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortuous liability.
Akhil has no legal right to enjoy a peaceful street, so there has been no violation of a legal right, despite actual damage. So, he cannot succeed in a tortious claim.
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Principle - Violation of a legal right, with or without actual damage,...
Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortuous liability.
Akhil has no legal right to enjoy a peaceful street, so there has been no violation of a legal right, despite actual damage. So, he cannot succeed in a tortious claim.
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Principle - Violation of a legal right, with or without actual damage,...
Explanation:

Violation of Legal Right:
- In order to establish a tortious liability, there must be a violation of a legal right.
- In this case, Akhil claims that the constant noise and disturbance caused by the diverted traffic have affected his mental peace.

Actual Damage:
- While Akhil has suffered actual damage in the form of mental disturbance, it is essential to determine if there has been a violation of a legal right.

Legal Right:
- Akhil's right to a peaceful environment is not explicitly recognized as a legal right in this scenario.
- The diversion of traffic through his street, although causing nuisance, does not violate any specific legal right that Akhil possesses.

Conclusion:
- Since there is no violation of a legal right, despite the actual damage suffered by Akhil, he cannot succeed in a tortious claim against the municipal authorities.
- Therefore, the correct answer is option 'C' - No, Akhil has no legal right to enjoy a peaceful street, so there has been no violation of a legal right, despite actual damage. So, he cannot succeed in a tortious claim.
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Principle - Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortuous liability.Facts – Mr. Akhil lives in a locality that lies just off the main road, which supports heavy traffic and is one of the most important roads in his city. The street on which his house is located is, however, quiet and peaceful, and Akhil is pleased to live there. One day, some road repair works are undertaken on the main road, and as a result, the municipal authorities decide to divert the traffic through the street on which Akhil resides. Akhil is greatly disturbed and annoyed by the constant sound of the vehicles, honking, and traffic jams along the narrow street. He wishes to sue the municipal authorities for the nuisance caused by this diversion of traffic. Will he succeed?a)Yes, Akhil will succeed, as his legal right to a peaceful environment is violated by the constant noise of the vehicles.b)Yes, Akhil will succeed, as his mental peace has been affected by the act of the municipal authorities.c)No, Akhil has no legal right to enjoy a peaceful street, so there has been no violation of a legal right, despite actual damage. So, he cannot succeed in a tortious claim.d)Facts are inadequate to decide.Correct answer is option 'C'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle - Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortuous liability.Facts – Mr. Akhil lives in a locality that lies just off the main road, which supports heavy traffic and is one of the most important roads in his city. The street on which his house is located is, however, quiet and peaceful, and Akhil is pleased to live there. One day, some road repair works are undertaken on the main road, and as a result, the municipal authorities decide to divert the traffic through the street on which Akhil resides. Akhil is greatly disturbed and annoyed by the constant sound of the vehicles, honking, and traffic jams along the narrow street. He wishes to sue the municipal authorities for the nuisance caused by this diversion of traffic. Will he succeed?a)Yes, Akhil will succeed, as his legal right to a peaceful environment is violated by the constant noise of the vehicles.b)Yes, Akhil will succeed, as his mental peace has been affected by the act of the municipal authorities.c)No, Akhil has no legal right to enjoy a peaceful street, so there has been no violation of a legal right, despite actual damage. So, he cannot succeed in a tortious claim.d)Facts are inadequate to decide.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle - Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortuous liability.Facts – Mr. Akhil lives in a locality that lies just off the main road, which supports heavy traffic and is one of the most important roads in his city. The street on which his house is located is, however, quiet and peaceful, and Akhil is pleased to live there. One day, some road repair works are undertaken on the main road, and as a result, the municipal authorities decide to divert the traffic through the street on which Akhil resides. Akhil is greatly disturbed and annoyed by the constant sound of the vehicles, honking, and traffic jams along the narrow street. He wishes to sue the municipal authorities for the nuisance caused by this diversion of traffic. Will he succeed?a)Yes, Akhil will succeed, as his legal right to a peaceful environment is violated by the constant noise of the vehicles.b)Yes, Akhil will succeed, as his mental peace has been affected by the act of the municipal authorities.c)No, Akhil has no legal right to enjoy a peaceful street, so there has been no violation of a legal right, despite actual damage. So, he cannot succeed in a tortious claim.d)Facts are inadequate to decide.Correct answer is option 'C'. Can you explain this answer?.
Solutions for Principle - Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortuous liability.Facts – Mr. Akhil lives in a locality that lies just off the main road, which supports heavy traffic and is one of the most important roads in his city. The street on which his house is located is, however, quiet and peaceful, and Akhil is pleased to live there. One day, some road repair works are undertaken on the main road, and as a result, the municipal authorities decide to divert the traffic through the street on which Akhil resides. Akhil is greatly disturbed and annoyed by the constant sound of the vehicles, honking, and traffic jams along the narrow street. He wishes to sue the municipal authorities for the nuisance caused by this diversion of traffic. Will he succeed?a)Yes, Akhil will succeed, as his legal right to a peaceful environment is violated by the constant noise of the vehicles.b)Yes, Akhil will succeed, as his mental peace has been affected by the act of the municipal authorities.c)No, Akhil has no legal right to enjoy a peaceful street, so there has been no violation of a legal right, despite actual damage. So, he cannot succeed in a tortious claim.d)Facts are inadequate to decide.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Principle - Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortuous liability.Facts – Mr. Akhil lives in a locality that lies just off the main road, which supports heavy traffic and is one of the most important roads in his city. The street on which his house is located is, however, quiet and peaceful, and Akhil is pleased to live there. One day, some road repair works are undertaken on the main road, and as a result, the municipal authorities decide to divert the traffic through the street on which Akhil resides. Akhil is greatly disturbed and annoyed by the constant sound of the vehicles, honking, and traffic jams along the narrow street. He wishes to sue the municipal authorities for the nuisance caused by this diversion of traffic. Will he succeed?a)Yes, Akhil will succeed, as his legal right to a peaceful environment is violated by the constant noise of the vehicles.b)Yes, Akhil will succeed, as his mental peace has been affected by the act of the municipal authorities.c)No, Akhil has no legal right to enjoy a peaceful street, so there has been no violation of a legal right, despite actual damage. So, he cannot succeed in a tortious claim.d)Facts are inadequate to decide.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle - Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortuous liability.Facts – Mr. Akhil lives in a locality that lies just off the main road, which supports heavy traffic and is one of the most important roads in his city. The street on which his house is located is, however, quiet and peaceful, and Akhil is pleased to live there. One day, some road repair works are undertaken on the main road, and as a result, the municipal authorities decide to divert the traffic through the street on which Akhil resides. Akhil is greatly disturbed and annoyed by the constant sound of the vehicles, honking, and traffic jams along the narrow street. He wishes to sue the municipal authorities for the nuisance caused by this diversion of traffic. Will he succeed?a)Yes, Akhil will succeed, as his legal right to a peaceful environment is violated by the constant noise of the vehicles.b)Yes, Akhil will succeed, as his mental peace has been affected by the act of the municipal authorities.c)No, Akhil has no legal right to enjoy a peaceful street, so there has been no violation of a legal right, despite actual damage. So, he cannot succeed in a tortious claim.d)Facts are inadequate to decide.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Principle - Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortuous liability.Facts – Mr. Akhil lives in a locality that lies just off the main road, which supports heavy traffic and is one of the most important roads in his city. The street on which his house is located is, however, quiet and peaceful, and Akhil is pleased to live there. One day, some road repair works are undertaken on the main road, and as a result, the municipal authorities decide to divert the traffic through the street on which Akhil resides. Akhil is greatly disturbed and annoyed by the constant sound of the vehicles, honking, and traffic jams along the narrow street. He wishes to sue the municipal authorities for the nuisance caused by this diversion of traffic. Will he succeed?a)Yes, Akhil will succeed, as his legal right to a peaceful environment is violated by the constant noise of the vehicles.b)Yes, Akhil will succeed, as his mental peace has been affected by the act of the municipal authorities.c)No, Akhil has no legal right to enjoy a peaceful street, so there has been no violation of a legal right, despite actual damage. So, he cannot succeed in a tortious claim.d)Facts are inadequate to decide.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Principle - Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortuous liability.Facts – Mr. Akhil lives in a locality that lies just off the main road, which supports heavy traffic and is one of the most important roads in his city. The street on which his house is located is, however, quiet and peaceful, and Akhil is pleased to live there. One day, some road repair works are undertaken on the main road, and as a result, the municipal authorities decide to divert the traffic through the street on which Akhil resides. Akhil is greatly disturbed and annoyed by the constant sound of the vehicles, honking, and traffic jams along the narrow street. He wishes to sue the municipal authorities for the nuisance caused by this diversion of traffic. Will he succeed?a)Yes, Akhil will succeed, as his legal right to a peaceful environment is violated by the constant noise of the vehicles.b)Yes, Akhil will succeed, as his mental peace has been affected by the act of the municipal authorities.c)No, Akhil has no legal right to enjoy a peaceful street, so there has been no violation of a legal right, despite actual damage. So, he cannot succeed in a tortious claim.d)Facts are inadequate to decide.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle - Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortuous liability.Facts – Mr. Akhil lives in a locality that lies just off the main road, which supports heavy traffic and is one of the most important roads in his city. The street on which his house is located is, however, quiet and peaceful, and Akhil is pleased to live there. One day, some road repair works are undertaken on the main road, and as a result, the municipal authorities decide to divert the traffic through the street on which Akhil resides. Akhil is greatly disturbed and annoyed by the constant sound of the vehicles, honking, and traffic jams along the narrow street. He wishes to sue the municipal authorities for the nuisance caused by this diversion of traffic. Will he succeed?a)Yes, Akhil will succeed, as his legal right to a peaceful environment is violated by the constant noise of the vehicles.b)Yes, Akhil will succeed, as his mental peace has been affected by the act of the municipal authorities.c)No, Akhil has no legal right to enjoy a peaceful street, so there has been no violation of a legal right, despite actual damage. So, he cannot succeed in a tortious claim.d)Facts are inadequate to decide.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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