Legal Principle: No remedy lies in law where an injury is ca

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M: +1.00/-0.25

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 most appropriate in relation to the legal principle stated above?

[CLAT 2018]

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 he 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.