Theoretical overview
It means unlawful interference with the person usage or enjoyment od land in such situation we can say that the tort of nuisance has occurred.
Interference may be by the means of noise , fume, water , gas, heat, vibration, smell, electricity , disease producing germs.
The word nuisance is derived from the old French word ānuireā which means to cause harm or to hurt or to annoy.
Nuisance means disturbance. The tort of nuisance is an act which gives rise to unlawful , unwanted or unreasonable annoyance to the plaintiff and which result to the property of the plaintiff in damage.
According to Stephen: nuisance is anything done to hurt or annoyance of the tentements of another person.
The tort of nuisance is an act which gives rise to unlawful, unwarranted or unseasonable annoyance or discomfort to the plaintiff and which results in damage to the property of the plaintiff or interfere with his use and enjoyment of his land.
Essential element of nuisance
- Wrongful act by the defendant: The first requirement for action against wrongful act nuisance by the defendant is the conduct of a wrongful act by the defendant
- Damages or loss or inconvenience caused to the plaintiff:
Kind of nuisance
- Public nuisance: A public nuisance is an unreasonable, unwarranted, or unlawful interference with a right common to the general public. Simply speaking, a public nuisance is an act affecting the public at large or some considerable portion of it; and it must interfere with rights which members of the community might otherwise enjoy.
Public nuisance affects the society and the people living in it
- Private nuisance: Private nuisance is a type of nuisance in which one personās use or enjoyment of his property is ruined by another. It can also harm the property owner by physically injuring his property or by affecting the enjoyment of the property.
Defenses under nuisance
- Inevitable Accident: ā The inevitable accident which is also known as unavoidable accident says that a person cannot be held liable for an accident which was not foreseeable despite all care and caution taken from his side. The accident was unavoidable.
- Act of Necessity: ā The doctrine of necessity states that if an act is done and it causes harm but it is done in good faith in order to prevent harm, the person who does such an act is not liable. This is so provided that the harm caused due to an act done in necessity should not be intentional in nature.
Important case laws
Radhey Shyam vs. Gur Prasad AIR 1978 All 86
Facts of the Case: ā Mr. Gur Prasad Saxena and another filed a suit against Mr Radhey Shyam and five other individuals for permanent injunction restraining the defendant from installing and running a flour mill in the premises occupied by the defendant. Gur Prasad Saxena filed another suit against Radhey Shyam and five other individuals for a permanent injunction from running and continuing to run an oil expeller plant. The plaintiff has alleged that the mill was causing a lot of noise which in turn was affecting the health of the plaintiff.
Judgement of the Case: ā In this case, the court held that by running a flour mill in a residential area, the respondent was causing a nuisance and badly affecting his health.
Ā Points to remember
- The tort of nuisance is an act which gives rise to unlawful, unwarranted or unseasonable annoyance or discomfort to the plaintiff and which results in damage to the property of the plaintiff or interfere with his use and enjoyment of his land.
- A public nuisance is an unreasonable, unwarranted, or unlawful interference with a right common to the general public. Simply speaking, a public nuisance is an act affecting the public at large or some considerable portion of it; and it must interfere with rights which members of the community might otherwise enjoy.
- Private nuisance is a type of nuisance in which one personās use or enjoyment of his property is ruined by another. It can also harm the property owner by physically injuring his property or by affecting the enjoyment of the property.
