Wednesday, 26 January 2022

nuisances in tort law


Nuisances in tort law

It means when a person gets disturbed by other without causing injury like disturbances through construction going on, loud sound, etc, for a continuous period of time the word nuisance has been derived from the French word ‘nuire’ which means causing a person harm or hurt without any physical damage. Sometimes could be difficult to defined, nuisances since it’s a tort law and tort law is not fully applied in Indian. It is like person breaking other person’s peace by unlawful interference or taking over some other person’s land illegally, etc. 

The nuisances have been defined 

  1. Public nuisances

  2. Private nuisances

Public nuisances

Public nuisances have been defined crime under section 268 of the Indian penal code. It refers to an unlawfully causing disturbance like when a person plays loud speaker in high pitch sound this can cause disturbances in general public, this affects a lot when this happens near school, colleges, hospitals, in a quite society, etc.  this affects to the public at large, sometimes one person enjoys and other frustrated.

  • In the case of Dr. Ram Raj Singh v. Babu Lal (1928) in this petition was filed under sec. 482cr pc. Judge says to pay off the damages to the ram raj since he has suffered injury and defendant has to pay the compensation amount under private injury. 

  • The person should show special and particular injury, public has the private right of action which he is suffered by the rest of public and the injury must be shown also to be of substantial character. 

  • The person can claim damage or compensation and also can file a case by using civil action process. 

  • Also, in case of St. Helen Smelting Co. v. Tipping (1865) in this the fume was coming out from the manufacturing plant which is a public nuisance but the plaintiff’s plants, flowers, tress in his garden gets all damage since the fume was affecting all the people but he file the case against the defendant because the plaintiff suffer from monetary damage so the court orders to pay the damages to the plaintiff. 

Essential of private nuisances

  1. Plaintiff should have rights to use/ enjoy the land

  2. Defendant should be doing unreadable use of land 

  3. Unreasonable interferences or damage, Robinson v Kilver (1889)- Exception cases cant claim damages, the judge said the person who exceptional trad practices that person couldn’t claims for damages so the plaintiff didn’t gets the compensation. 

  4. It should happen at a continuous period of time.

Remedies for nuisances 

  • The person can first file the case before the court and can claim for the damages or compensation amount.

  • Injunction it’s a judicial order in which a person can stops the other person from conducting illegal or threating act at a continuous period of time, this can be temporary and permanent also.

  • Abatement of nuisances it means when an occupier of land is permitted to abate, i.e., to terminate by his own act, nuisance which is affecting his land. For example, he may cut the (overhanging).

  • A 'notice' to the other party is required unless the nuisance constitute a danger to the life or property. When the abatement is possible without going on the wrongdoer's land, the same may be done without notice.

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