- Everyone knows what the nuisance is. If we going to define this term in simple words so the nuisance means any sound which as a human being we don’t like to listen. In this term also, the concept of nuisance is different from person to person, like if a loud music is reason of enjoyment for the young generation then the same loud music is nuisance for old age group of people.
- You must think that from where the nuisance word arrived in India. So nuisance is arrived from a French word “Nuire”, which means to hurt or to annoy.
- In this article we are going to discuss Nuisance under Tort Law.
- Under law of tort there are mainly two types of Nuisance:
- Public Nuisance
- Private Nuisance
- Public Nuisance: So the public nuisance is an act which affecting not only to the single person or group of some specific person but which affecting the general body of the person. So that type of nuisance is called as Public Nuisance.
- If one person doing something and affect of that thing is that the general public of the state are affecting from the mental health, safety, comfort and convince of that general public which tends to degrade the public morals are always considered as Public Nuisance.
- Essentials of Public nuisance:
- A person must have done an illegal omission
- Such illegal omission cause any common injury
- Danger or annoyance to general public.
- Private Nuisance: a nuisance is done by a person to some specific person or entity, so that type of nuisance is considered as private nuisance.
- So in private nuisance the act is affecting some specific person or some group of specific person but not the common public.
- Kinds of private nuisance:
- Damage to property
- Physical discomfort
- Damage to property: In case of damage to property, any sensible injury will be sufficient to support an action. Nuisances of this class may arise from manufacturing works, chains, etc.
g. smoke, fumes, gas, noise, water, filth, trees or animals. - Physical discomfort: In the case of physical discomfort, the act complained of must be in excess of the natural and ordinary course of enjoyment of the property materially interfering with the ordinary comforts of human existence. g. Carrying any trade causing nuisance, obstruction oflight, etc.
Legal remedies in Tort for Nuisance:
There are mainly three type of remedy available for nuisance under law of tort:
- Damages: Depending upon the gravity of inconvenience suffered by the aggrieved party, the Court may direct the defendant to pay proportionate damages to the former. Such Damages may include both monetary and material compensation.
- Injunction: If in the eyes of Law, monetary or material relief shall not be sufficient to provide justice and equity to the aggrieved Party, the Court may direct the Defendant to stop with the work that causes such Nuisance. Injunction may be Temporary or Permanent depending upon the facts of the case.
- Abatement: This is synonymous to a summary trial, where the Plaintiff by himself may remove the act of Nuisance without seeking to the courts. This must, however, be lawful and not otherwise.
- The term “nuisance” refers to an individual’s daily activities. Except for the criminal nature of Public Nuisance, the legislation enacted against Nuisance is almost standard.
- Nuisance as a tort grew in popularity as a result of a slew of court decisions and the practice of numerous eminent jurists.
- India, which was once a British colony, relied heavily on English decisions to comprehend and establish concepts. However, based on its own geographical, cultural, and economic diversity, it has amended and changed different aspects of understanding in order to aim for providing justice to almost all of its citizens and maintaining the reign of Rule of Law, Justice, Equity, and Good Conscience.
