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Principle Nuisance is the Interference in the Enjoyment of the Property. Facts Pizzeria, a Small Cafeteria Selling Namesake Used to Run a Wood-fired Oven. the Resulting Smoke Caused a Lot - Legal Reasoning

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MCQ

PRINCIPLE Nuisance is the interference in the enjoyment of the property.

FACTS Pizzeria, a small cafeteria selling namesake used to run a wood-fired oven. The resulting smoke caused a lot of smoke in the neighbourhood and there were a number of complaints from the locals who had not witnessed such an oven. The food inspector taking cognizance of these reports asked the restaurant to shut down the oven. The owner who had earlier ran a similar establishment in Italy did not comply. Is Pizzeria committing a nuisance?

Options

  • It shall not be a nuisance as the oven was a common occurrence in Italy

  • It shall be a nuisance as the oven was emitting smoke continuously in the neighbourhood

  • There shall be no nuisance as there were no complaints from customers

  • There shall be a nuisance as there were a large number of complaints

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Solution

It shall be a nuisance as the oven was emitting smoke continuously in the neighbourhood

Concept: Law of Torts (Entrance Exams)
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