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प्रश्न
Legal Principle: Nuisance is the unlawful interference with a person’s enjoyment of his land or some rights over or in connection with it.
Fact Situation: Ashok, in his nineties, is hard of hearing and plays the radio very loudly throughout the day and on a daily basis. Raju, his neighbor, complained that he cannot listen to his favorite TV show in his home due to the radio of Ashok.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
पर्याय
Listening to the radio is Ashok’s freedom.
Ashok is creating a nuisance to his neighbour by playing the radio loud perpetually and disturbing Raju in being able to listen to the TV in his home.
Raju is creating a nuisance by complaining about Ashok’s enjoyment of hearing his radio.
Raju should appreciate that Ashok is aged and hard of hearing.
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उत्तर
Ashok is creating a nuisance to his neighbour by playing the radio loud perpetually and disturbing Raju in being able to listen to the TV in his home.
Explanation:
Private Nuisance. Private nuisance may be defined as unlawful interference with a person's use, comfort, enjoyment, and any interest that a person may have over his land... An interference becomes unlawful and constitutes a nuisance when it unreasonably interferes with the plaintiff's enjoyment of his land. Ashok will be considered as creating a nuisance for his neighbor as he is listening to music at unreasonably high volumes which are interfering with the right of his neighbor Raju.
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संबंधित प्रश्न
Principle: Civil Suit can be filed where the defendant resides or carries on business or where the cause of action arises.
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The principle is to be applied to the given facts and to choose the most appropriate option:
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Transactions:
1. P offered to sell his house for Rs. 20 lakhs to R; R told P that he was interested to buy a house for 15 lakhs only.
2. C was looking for a house for not more than 25 lakhs; P informed C that his house was available for 20 lakhs.
3. K wanted to buy some old furniture; L told K that he would sell his furniture for Rs. 10, 000.
4. R advertised to sell his old car for a price of Rs. Three lakhs; S found the advertisement and offered to buy it for Rs. 2 lakhs 50 thousand; R agrees to sell it to S.
Which among the above is actually a contract?
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Fact Situation: Sajan, a petty thief, is caught and thrashed thoroughly by the people before being handed over to the police. Sajan pleads before the magistrate that since he was already thrashed by the people he should not be again punished by the State.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
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Which of the following statements is the most appropriate in relation to the legal principle stated above?
Which of the following could not constitute battery if done with the requisite intent?
Apply the legal principles to the facts given below and select the most appropriate answer.
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- The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant. The claimant must prove, on the balance of probabilities, that the defendant's breach of duty caused the harm.
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Qui facit per alium facit per se stands for
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Applying the principle to the case you would decide
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I. coercion as defined in Section 15
II. under influence, as defined in Section 16
III. fraud, as defined in Section 17, or
Iv. misrepresentation, as defined in Section 18
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In Torts, the remedy is
