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Question
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?
Options
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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Solution
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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- Private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or in connection with it.
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