TORT Study Notes : Nuisance
Dear Readers,Here we are providing you updated and most relevant Study notes on Tort of Nuisance for Law Entrance Exam. These study notes are highly recommendable for all those who aspire to crack CLAT, DULLB, AILET and other Law Entrance Exam.
Nuisance:
The word ‘nuisance” has been derived from the French word “Nuire”
“Nocere” in legal sense it means “annoyance” or “harm” or “disturbance”.
Meaning
Peaceful enjoyment of one’s own property is a legal right of individual. Everyone must endure limited degree of noise, dust, smell, smoke, vibration, the effluents etc. from his neighbour.
Slight annoyance to a neighbor due to an activity of an individual on his land cannot be actionable nuisance, but if an activity of an individual is of continuous or recurrent nature and unduly interferes with the use or enjoyment of land of his neighbor can be actionable.
Nuisance is of two kinds:
- Private Nuisance (Civil Wrong)
- Public Nuisance (Criminal Wrong)
Private Nuisance is an act which causes annoyance to a person, Public Nuisance is an act which causes annoyance to a large number of persons.
Note: Public nuisance may become private nuisance when there is some special damage or injury to a person.
Example: A was the priest of temple. The bells of temple was rung at all hours day and night. The plaintiff B, resided next door to the temple. All the people in vicinity enjoyed the bell sound but plaintiff was disturbed he brought an action for injunction and it was allowed by the court.
Private Nuisance
The unlawful interference with a person’s use or enjoyment of land, or some right over or in connection with it is known as private nuisance.
Essentials of Private Nuisance
1) There must be interference with the use or enjoyment of land or some right over it.
2) The plaintiff must show title to the thing to which the nuisance is alleged to be caused.
3) The act complained of must result in damage to the plaintiff.
Nuisance is not actionable per se; some damage must have been caused to the plaintiff to enable him to sue.
Case Law: Radhey shyam vs Gur Prasad
The plaintiff filed a suit for permanent injunction to restrain the defendant from installing and running a flour mill in his premises. Plaintiff was occupier of a floor of the same building and it was held that installation of such flour mill will cause nuisance and hence injunction was granted.
Sensitive Person or Property
An act, which is reasonable, does not become unreasonable because of the fact that the plaintiff is a sensitive plaintiff or occupies a sensitive property. If an ordinary person is not disturbed, then plaintiff cannot get the relief under nuisance.
3. What are the kinds of nuisance?
A.Pubic nuisance
B.Private nuisance
C.All of the above
D.None of the above
Ans: C
4. Essentials of private nuisance are:
A.There must be interference with the use or enjoyment of land or some right over it.
B.The plaintiff must show title to the thing to which the nuisance is alleged to be caused.
C.The act complained of must result in damage to the plaintiff.
D.All of the above
Ans: D
5. The plaintiff filed a suit for permanent injunction to restrain the defendant from installing and running a flour mill in his premises. Will the setting up of a flour mill amount to nuisance?
A.Yes
B.No
Ans: A
6. If an ordinary person is not disturbed, then plaintiff cannot get the relief under nuisance.
A.True
B. False
Ans: A
7. Public nuisance is a
A.Civil wrong
B.Criminal wrong
Practice exercise
1.The word ‘nuisance” has been derived from the French word
A. Nuire
B. Nuise
C. Noisee
D. None of the above
Ans: A
2.________________ is an activity of an individual which is of continuous or recurrent nature and unduly interferes with the use or enjoyment of land of his neighbour
A. Assault
B. Nuisance
C. Mayhem
D. Negligence
Ans: B
A. Nuire
B. Nuise
C. Noisee
D. None of the above
Ans: A
2.________________ is an activity of an individual which is of continuous or recurrent nature and unduly interferes with the use or enjoyment of land of his neighbour
A. Assault
B. Nuisance
C. Mayhem
D. Negligence
Ans: B
3. What are the kinds of nuisance?
A.Pubic nuisance
B.Private nuisance
C.All of the above
D.None of the above
Ans: C
4. Essentials of private nuisance are:
A.There must be interference with the use or enjoyment of land or some right over it.
B.The plaintiff must show title to the thing to which the nuisance is alleged to be caused.
C.The act complained of must result in damage to the plaintiff.
D.All of the above
Ans: D
5. The plaintiff filed a suit for permanent injunction to restrain the defendant from installing and running a flour mill in his premises. Will the setting up of a flour mill amount to nuisance?
A.Yes
B.No
Ans: A
6. If an ordinary person is not disturbed, then plaintiff cannot get the relief under nuisance.
A.True
B. False
Ans: A
7. Public nuisance is a
A.Civil wrong
B.Criminal wrong
Ans: B
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