Monday, 18 July 2022

Nuisance under Tort Law by Mayurakshi Sarkar at Lexcliq

 Nuisance under Tort Law

Introduction

Ownership of a piece of property is a legal right that must be respected. As long as the inappropriate use or enjoyment of another's property results in an unlawful interference with his enjoyment or use of that property or some rights over it, we can argue that a nuisance tort has been committed. From "nuire," which meaning "to harm, or to hurt, or to annoy," the word "nuisance" was coined. Necessity is derived from the Latin word "nocere," which translates to "injury." Nuisance is a violation of a person's right to unhindered enjoyment of his or her property, which is caused by another person's improper use of it.

Definitions

According to Stephen, nuisance is anything done to the hurt or annoyance of the tenements of another, or of the lands, one which doesn’t amount to trespass.

According to Salmond, nuisance consists in causing or allowing to cause without lawful justification, the escape of any deleterious thing from one’s land or from anywhere into land in possession of the plaintiff, such as water, smoke, gas, heat, electricity, etc.

Essentials

  1. Wrongful Act - If you do something with the goal of violating someone else's legal rights, you have committed an unlawful conduct.

  2. Damage or loss or annoyance caused to another individual - The harm, loss, or irritation must be substantial enough for the law to deem it a material element of the claim.

Various kinds of Nuisance 

  1. Public Nuisance : As defined by the Indian Penal Code, a nuisance is an act that causes any common injury, danger or annoyance to the persons who live or work in the neighbourhood, or who may have necessity to exercise any public right in the future. Those who live in a community or a significant section of it are subject to public nuisance, which impairs their ability to enjoy their property rights. It is considered a public nuisance if an act has a significant impact on the general population's health, safety, or comfort.

  2. Private Nuisance: This type of nuisance is characterised by the disruption of a person's use or enjoyment of their property by another person or persons. It may also cause harm to the property owner, either by physical damage or by interfering with his or her enjoyment of the property. In contrast to public nuisance, an individual's use or enjoyment of their property is harmed in private nuisance, as opposed to the general public or society. A legal action for damages or an injunction, or maybe both, can be brought for private nuisance.

 

Rose v Miles(1815) 4M & S.101- This type of nuisance is characterised by the disruption of a person's use or enjoyment of their property by another person or persons. It may also cause harm to the property owner, either by physical damage or by interfering with his or her enjoyment of the property. In contrast to public nuisance, an individual's use or enjoyment of their property is harmed in private nuisance, as opposed to the general public or society. A legal action for damages or an injunction, or maybe both, can be brought for private nuisance.

Conclusion

The issue of annoyance is one that comes up frequently in everyday life, and Indian courts have drawn heavily on English precedents and principles as well as common law decisions to develop their own precedents. To ensure the justice and well-being for all parties involved, such as in the case of private annoyance, as well as public nuisance, when society as a whole is being impacted, this has helped the notion of nuisance in the field of law evolve rather considerably.


No comments:

Post a Comment

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional docum...