Question

Principle : Damages the money recompense, as far as money can do, for the loss suffered by a person.
Facts : A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of A was mentioned in the voter‘s list. A has also reported at the polling booth in time. However, the candidate in whose favor A would have cast his vote won the election. A filed a suit claiming damages.
This question consists of legal principle(s) (hereinafter referred to as ‘principle‘) and facts. Such proposition 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. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following 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 ability in legal aptitude, 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.

• A. A will be entitled to damages
• B. A will not be entitled to damages
• C. A will be entitled to only nominal damages
• D. A will be entitled to exemplary damages

Answer 1

The Correct Option is A

Step 1: Understanding the Question:
We need to decide whether A can claim damages after being wrongly stopped from voting, even though the election result did not change.

Step 2: Key Formula or Approach:
Apply the principle that damages are money recompense for a loss suffered, and identify what the loss actually is in this fact pattern.

Step 3: Detailed Explanation:
A's name was on the voters' list, and he reported to the polling booth on time, yet he was still turned away by the returning officer. That denial is the loss, A lost the ability to exercise a right he was legally entitled to use. The fact that his preferred candidate won the seat regardless does not undo the wrongful act of stopping A from voting, that act had already caused the loss the principle addresses.

Step 4: Final Answer:
Since A suffered the loss of being denied his vote, A will be entitled to damages.

Answer 2

Work through this by eliminating the two options that impose a limit the principle never states, then deciding between what remains.

1. A will be entitled to only nominal damages: Eliminate this first, the principle's own wording is simply recompense for loss suffered, it does not cap that recompense at a nominal figure.
2. A will be entitled to exemplary damages: Eliminate this too, the principle is about recompense, not punishment, so an enhanced punitive award goes beyond what it supports.
3. A will not be entitled to damages: Between the two remaining options, this one requires treating the election result as though it undoes the loss, but the loss, being denied the vote, happened independently of the outcome.
4. A will be entitled to damages: Once the others are eliminated, this is what remains, and it fits, since A suffered a real loss the moment he was wrongly turned away.

Eliminating the two options that add limits the principle never mentions leaves the straightforward entitlement to recompense for the loss actually suffered.

Therefore, the correct answer is A will be entitled to damages.