CONCEPT OF NUISANCE

 CONCEPT OF NUISANCE

 

WHAT IS NUISANE?  The term nuisance is derived from a French word “nuire” which means “to cause harm, or to hurt, or to annoy”. And the Latin word for nuisance is “nocere” which means “to cause harm”.

In simple words we can say that a physical human activity which is harmful or offensive to others and give rise to cause of action and according to Britannia “someone or something that cause problem for others”. It is a common tort’s law. Nuisance is said to arise when a person is not able to enjoy his own property due to the disturbance (like, noise, etc.,) caused by other.

Stephen defined nuisance to be “anything done to the hurt or annoyance of the lands, tenements of another, and not amounting to a trespass”

According to Salmond “the wrong od nuisance consist in causing or allowing without lawful justification the escape of any deleterious thing from his land or from elsewhere into land in possession of the plaintiff for example: Water, smoke, fume, gas, noise, heat, vibration, electricity, disease, and animal, etc.

Essentials of nuisance:

  1. Unlawful interference with someone or his property
  2. Actual damage should be caused due to that interference or act.

TYPES OF NUISANCE:

Nuisance is of two types that is private nuisance and public nuisance.

PRIVATE NUISANCE: when nuisance is caused to one individual it leads to private nuisance. An act or omission which affect or cause damage to an individual or one’s property it constitute private nuisance.

Elements which constitute a private nuisance:

  • The must be some unreasonable or unlawful interference.
  • Such interference should be in connection with the property or physical discomfort.
  • There should be some damage caused to the property or with the enjoyment of the property

Case Law: Rose v. Miles (1815) 4M &S. 101

The defendant had wrongfully obstructed a public navigable creek which obstructed the defendant from transporting his goods through the creek due to which he had to transport his good through land because of which he suffered extra costs in the transportation. It was held that the act of the defendant had caused a public nuisance as the plaintiff successfully proved that he had incurred loss over other members of the society and this he had a right of action against the defendant.

PUBLIC NUISANCE: when public at large or any considerable portion of it is affected by an act and such act might interfere with their rights or which degrade public morals, health etc. it leads to public nuisance.

Section 268 in The Indian Penal Code: A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage.

Section 290 in The Indian Penal Code: Punishment for public nuisance in cases not otherwise provided for, whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred rupees.

REMEDIES FOR TORT OF NUISANCE:

  1. Injunction: it’s a judicial order which restrain someone from doing the particular act.
  2. Damages: the compensation given to the aggrieved party.
  3. Abatement: the removal of nuisance without any legal proceedings by the aggrieved party.

CONCLUSION:

Nuisance is very common in our day to day life in one way or other. Everybody had faced it in their lifetime and mostly people ignore and move on. It is a great concept which help people to lead their life peacefully by controlling all disturbing activities one.

 

 

 

 

pratibha.chaudhary

Law student

Leave a Reply

Articles

Ignite Amazonian Sunrise Drops #1 Premium Fast Fat Melting Morning Diet Exposed Or Know Reality About This Formula(REAL OR HOAX)

Ignite Amazonian Sunrise Drops Brand – Ignite Amazonian Sunrise Drops Product Benefits – Fat And Weight Lose, Increase Energy Side Effects – No Major Side Effects, (100% Natural) Supplement Form – Drops Availability – Online Customer Reviews – 5/5 Price – Visit Official Website Refund Policy – 30-Day Money-Back Policy Free Shipping On All Orders    […]

Read More
Articles

Ignite Amazonian Sunrise Drops Being Too Overweight Puts Your Body In Modulator of Metabolism Satate(Work Or Hoax)

Ignite Amazonian Sunrise Drops Brand – Ignite Amazonian Sunrise Drops Product Benefits – Fat And Weight Lose, Increase Energy Side Effects – No Major Side Effects, (100% Natural) Supplement Form – Drops Availability – Online Customer Reviews – 5/5 Price – Visit Official Website Refund Policy – 30-Day Money-Back Policy Free Shipping On All Orders    […]

Read More
Articles

How do I transfer a PDF to an image clearly?

The PDF-to-image converter software is a very efficient tool for users, and they can easily use this feature on their desktops. The tool quietly works on Windows platforms without any data loss. Users can easily convert their files into PDF to Image converters. The software offers a free demo trial version for users. Technical and […]

Read More