Principle: Nuisance as a Tort (Civil Wrong) Means an Unlawful Interference with a Person'S Use Or Enjoyment of Land, Or Some Right Over, Or in Connection with It. - Legal Reasoning

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The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.

PRINCIPLE: Nuisance as a tort (civil wrong) means an unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it.

FACT: During the scarcity of onions, long queues "'Nt?l'e made outside the defendant's shop who has a license to sell fruits and vegetables used to sell only l Kg, of onion per ration card The queues extended on to the highway and also causes some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendant.

Options

  • The defendant is liable for nuisance

  • The defendant was not liable for nuisance

  • The defendant was liable under the principle of strict liability

  • The plaintiff's suit should be decreed in his favour

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Solution

The defendant is liable for nuisance

Concept: Indian Contract Act (Entrance Exams)
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2014-2015 (May) Set 1

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