Nuisance: The word ‘nuisance” has been derived from the French word “Nuire” “Nocere” in legal sense it means “annoyance” or “harm…
Nuisance:
The
word ‘nuisance” has been derived from the French word “Nuire”
word ‘nuisance” has been derived from the French word “Nuire”
“Nocere”
in legal sense it means “annoyance” or “harm” or “disturbance”.
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.
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.
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:
1.
Private Nuisance (Civil Wrong)
Private Nuisance (Civil Wrong)
2.
Public Nuisance (Criminal 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Practice exercise
1. The word ‘nuisance” has been derived from the
French word
French word
A. Nuire
B. Nuise
C. Nooise
D. None of
the above
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
________________ 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
Negligence
Ans: B
3. What are the kinds of nuisance?
A. Pubic
nuisance
nuisance
B. Private
nuisance
nuisance
C. All of
the above
the above
D. None of
the above
the above
Ans: C
4.
Essentials of private nuisance are:
Essentials of private nuisance are:
A. There
must be interference with the use or enjoyment of land or some right over it.
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.
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.
complained of must result in damage to the plaintiff.
D. All of
the above
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?
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.
ordinary person is not disturbed, then plaintiff cannot get the relief under
nuisance.
A. True
B. False
Ans: A
7. Public
nuisance is a
nuisance is a
A. Civil
wrong
wrong
B. Criminal
wrong
wrong
Ans:
B
