Symbiosis Law School, Nagpur Admissions 2025
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1 Questions around this concept.
Read the following passage and answer the question.
Nuisance could be defined as unlawful interference in the peaceful enjoyment of one’s property, or any right associated with it. There is a significant difference between trespass and nuisance. In the former, there occurs a physical interference in the plaintiff’s possession of the land. Whereas in the latter, there is more of an indirect interference with the plaintiff’s right to property. For instance, flinging pebbles at the plaintiff’s property would constitute trespass, whereas hindering the plaintiff’s peaceful possession of the property by playing your radio at an unusually high volume would result in a nuisance. Nuisance could occur either with respect to a particular individual’s property rights or in the context of the general public’s property rights.
Public nuisance
Section 3(48) of the General Clauses Act, 1897 declares public nuisance to be as defined by the Indian Penal Code. According to Section 268 of the Indian Penal Code, public nuisance comes into the picture when a person commits an act that causes common injury, danger, or annoyance to the general public. Basically, any act that hinders either the property rights of the general public or any other right. For instance, in Malton Board of Health v. Malton Manure Co., (1879), it was declared that carrying on a trade/business that causes deafening noises is impermissible, as it would cause a public nuisance. In order to avoid multiplicity of proceedings, a public nuisance is unconcerned with individual rights. However, a person could sue the wrongdoer in his private capacity, if the following conditions are satisfied-
-The person needs to show that the injury he faced was substantially greater than what the rest of the public faced.-The injury he faced must essentially have been direct, not merely consequential.
Private Nuisance
When there is an unlawful interference with respect to a particular individual’s property rights, the act constitutes a private nuisance. Thus, for private nuisance to occur, the following two conditions must be satisfied-
- There must be an interference with the ‘peaceful possession’ of the plaintiff’s property.
-The interference must be unlawful, i.e., it must not satisfy any of the defences to the tort of nuisance.
A private nuisance may occur in two modes. The first one is an injury to the plaintiff’s property, and the second one is physical discomfort.
Question :
Tommy and his friends are standing near the gate to a farmer's field. Tommy picks up his friend Robin and drops him over the gate; he lands on the ground in the farmer's field. Has Robin trespassed into the farmer's field?
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