Essentials of Nuisance

Law of Torts

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

 

 

Essentials of Nuisance-

Tanmoy Mukherjee

Advocate

The tort of Nuisance is based on the principle 'SIC UTERE TUO UT ALIENUM NON LAEDAS' (use your property in such a manner and not to injure that of another).

Nuisance involves an unlawful interference with -

→Use or enjoyment of land, or

→Some right over land.

According to Winfield- Nuisance is the unlawful interference with a person's use or enjoyment of land or of some right over, on in connection with it.

According to Salmond- Nuisance consists in causing or allowing without lawful justification, the escape of any harmful thing from one's land.

Essentials of Nuisance-

-To constitute the tort of Nuisance certain essential elements must be present.

-These essentials apply mainly to private Nuisance, while public Nuisance has some variations.

(1) Unlawful interference

 

A lawful activity may still become Nuisance if -

→Carried out negligently, or

→Causes unreasonable interference.

Reference Case-

(2) Interference with use or enjoyment of land-

Reference Case-

 (3) Damage or Substantial Injury-

Reference Case-

(4) Unreasonable interference-

Court considers-

→Locality

→Duration

→Frequency

→Intensity

→Utility of defendant act

→Sensitivity of plaintiff.

5. Affecting Legal right not mere Sentiments-

Reference Case-

6. Plaintiff must have interest in land-

Reference Case-

7. Foreseeability of harm-

Reference Case-

Essentials of public Nuisance-

Reference Case-