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Nuisance: - Made BY:Simran, Vrinda, Tanishq
Nuisance: - Made BY:Simran, Vrinda, Tanishq
• Made BY:Simran,Vrinda,Tanishq.
Definition
• The word ‘nuisance has been derived from the French word ‘nuire’ and
Latin word ‘nocare’ which means, to do hurt or to annoy.
• Ordinarily nuisance means disturbances.
• Stephen defined nuisance as, ‘to be anything done to the hurt or
annoyance of the lands, tenement or hereditaments of another, and not
amounting to a trespass’.
• Blackstone, ‘nuisance as some thing that worketh hurt, inconvenience
or damage’.
• Winfield, ‘ nuisance is incapable of exact definition but for the purpose of
law of tort, it may be described as unlawful interference with a person’s
use or enjoyment of land or of some right over, or in connection with it.’
• Salmond, ‘the wrong of nuisance consists in causing or allowing .
without lawful justification (but so as to common to trespass) the
escape of any deterious thing from his land or from elsewhere into
land in possession of the plaintiff eg. Water, smoke, smell, fumes, gas,
noise, heat, vibration, electricity, disease, germs, animals.
• Clark and Lindsell, ‘nuisance is an act or omission which is an
interference with disturbance of or annoyance to a person in the
exercise or enjoyment of –
a.Right belonging to him as a member of public when it is a public
nuisance, or
b.His ownership or occupation of land, or some easement, quasi
easement, or other right used or enjoyed in connection with land,
when it is private nuisance.’
1. Public nuisance
2. Private nuisance
2. The injury is caused to the individual. 2. It causes injury to every person of the
public.
3. In due course of time under certain
circumstances the private nuisance 3. The lapse of time cannot legalize public
may be legalized. nuisance.
4. The injured person may bring an action. 4. A person may bring action only if he
sustain special injury.
5. Here plaintiff must prove interference 5. It is actionable per se
with his enjoyment of land