Private Nuisance

Question 1

What is tort of nuisance

Answer 1

Nuisance as a tort means and unlawful interference with the person Use or enjoyment of land or some right over or in connection with it.-Winfield
Nuisance is an injury to a person’s right of possession of property to undisturbed enjoyment of it and results from an improper use by another person of his own property.

Maxim sic utero tuo et alienum non laedas Use your own property in such a way that you do not enjoy other people.

Question 2

Essentials to constitute tort of nuisance

Answer 2

The following questions should be required to be proved
1. Unreasonable interference
2. Interference in enjoyment of possession of property
3. Damage

1. The interference must be unreasonable or unlawful. It is meant that the act should not be justifiable in the eyes of the law and should be by an act which no reasonable man would do.
   The primary burden to prove that the act of the defendant is wrongful. Is on the plaintiff, as his right has been violated the main jurisprudence behind the law of tort Is ubi just ibi remidium therefore the court have to provide remedy to plaintiff if wherein his legal rights has been violated for this the plaintive have to prove presence of malice in law therefore, he has to prove

The act of defendant does not fall within any of the general defenses,

The act was performed under such circumstances. That makes the act wrongful and on this basis. It can be proved that there is a presence of Malice in law

2. Interference with the use or enjoyment of land
   Injury to the property itself
   Injury to comfort or health of occupant.
3. Damages
   Unlike trespass, which is actionable per se actual damage is required to be proved in an action for nuisance. Along with legal damage.
   Although damage is one of the 6 law will often presume it

Question 3

Remedies for tort of nuisance

Answer 3

Kuldip Singh vs Subhash Chander Jain & Ors on 28 March, 2000

The remedies for private nuisance are (1) Abatement, (2) Damages, and (3) Injunction. In order to obtain an injunction it must be shown that the injury complained of as present or impending is such as by reason of its gravity, or its permanent character, or both, cannot be adequately compensated in damages. If the injury is continuous the Court will not refuse an injunction because the actual damage arising from it is slight