In this article you will learn about the Nuisance under Law of Torts.
Introduction
The word or term Nuisance is derived from the French word ‘Nuire’ which means to hurt. It is an unlawful interference with a person’s right to use or enjoy their land. Without any lawful justification, this legal right cannot be taken away . If any person unlawfully interferes with someone else's right to this protection, he/she commits ‘Nuisance’ under the Law of Torts. Generally, a person has the right to use and enjoy all of his property or land whether it is tangible, intangible, movable or immovable, but in a complete and reasonable manner.
Definition Of Nuisance
Definition Of Nuisance by various authors :
Stephen has defined nuisance, ‘To be anything done to the hurt or annoyance of the lands, tenement or hereditaments of another, and not amounting to a trespass.’
Blackstone said that Nuisance is something that works hurt, inconvenience or damage.
Winfield : Nuisance is incapable of exact definition but for the purpose of law of tort, it may be described as unlawful interference with a person's use or enjoyment of land or of some right over, or in connection with it.
Salmond : The wrong of nuisance consists in causing or allowing without lawful justification but so as to common to trespass the escape of any dexterous thing from his land or from elsewhere into land in possession of the plaintiff e.g. Water, smoke, smell, fumes, gas, noise, heat, vibration, electricity, disease, germs, animals.
Essential Elements of Nuisance
The following essentials must be satisfied for making an act of Nuisance actionable under the law of torts :
- Wrongful Act by the Defendant
- Damage or Loss or any Inconvenience caused to the Plaintiff
Kinds of Nuisance
Nuisance as a tort is further categorised into two types - Private Nuisance and Public Nuisance, both having their own areas of actions and types of damages.
Private Nuisance
Private Nuisance affects an individual rather than the entire society as large. This occurs when the action of the Defendant affects only the Plaintiff in the enjoyment of his own land and property and no one else. This states that when a person does an act which affects another person, and intercepts the latter from performing rights over his own property. It does not affect any other person.
The Plaintiff is entitled for unliquidated damages and considering the severity of injury, the same are decided and awarded to him.
Essentials of Private Nuisance
- Unlawful or Unreasonable Interference.
- Such Interference causes a legal injury to the plaintiff only. The injury may be in respect of either property or physical discomfort to the Plaintiff.
Case Laws
In the case St. Helen's Smelting Co. v. Tipping(1865), the fumes from the defendant's factory damaged the trees of the plaintiff, the court held that the damage to trees is an unlawful damage of the Latter’s property and hence gave rise to an action for nuisance against the former.
In the case of Delaware Ltd. v. Westminster City Council(2001), the roots of the defendant’s trees caused cracks in the adjacent building of the plaintiff who was the owner of the building. He was made to recover suitable damages from the defendant by the Virtue of tort of Nuisance.
In the case of Dattamal Chiranji Lal v. Lodh Prasad(1959), the defendants were awarded an injunction to stop the grinding mill which left the plaintiff unable to enjoy peace.
In the case of Palmar v. Loder(1962), the Defendants were awarded a perpetual injunction for causing personal discomfort to the plaintiff, noise making and continuous ringing of the Plaintiff’s Doorbell.
Public Nuisance
Public Nuisance is an unlawful and unreasonable act committed by the defendant that results in substantial inconvenience and legal injury to the people at large. This becomes relevant when by the act of the defendant, a large number of people are influenced negatively. According to Bermingham, Public Nuisance occurs where the defendant’s actions materially affects the reasonable comfort and convenience of life of a class of Her Majesty’s subjects.
According to Section 268 of the Indian Penal Code, Public Nuisance is defined as : An act or illegal omission which causes any common injury, danger or annoyance, to the people in general who dwell, or occupy property, in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.
This article on Nuisance under Law of Torts is contributed by Dipshikha Anand. Explore more articles and resources on LawStudyPoint.com. Also, check out the Dipshikha Anand YouTube channel for helpful videos and updates.