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Violation Of A Legal Right A Sin Qua Non




Kashish Khanna, IILM University, Gurugram

ABSTRACT

Sin qua non is a Latin phrase. Violation of a legal right is a sin qua non for law of torts. It is a circumstance in which a certain act is a material cause of a certain injury or wrongdoing, without which the injury would not have occurred.

A tort claim for damages may be brought when someone's legal rights are violated, whether or not this results in a legal injury. However, if there is no violation of that person's rights, their actions that cause loss or harm to another person are not actionable. In the law of torts, a causal connection exists between a particular act and an injury. This is known as the rule of sine qua non. All citizen's legal rights are safeguarded by the law. The people are granted the legal right by virtue of being a citizen of the nation. Everyone has a responsibility to uphold each person's rights. Any legal right that stands infringed, has a corresponding legal duty which was not performed appropriately. Violation of a legal right has to happen for a tort to take place. Keywords: Legal right, Corresponding legal duty, Injury, Torts

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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