Law of nuisance
- Discuss the law of nuisance in detail.
- Examine the intricacies of the law of nuisance, providing a comprehensive analysis of its key principles and legal implications.
- Investigate into a detailed discussion of the law of nuisance, exploring its origins, evolving interpretations, and how it addresses various forms of interference with property rights and enjoyment.
- In-depth exploration of the law of nuisance:
Introduction
Nuisance is a wrongful act and it is an actionable tort. It is the thing or act which may hurt or annoy or discomfort others. If you have a problem where a neighbour is doing something wrong that you feel is causing you a nuisance, you may wish to take some action to try to stop it. In short, nuisance is a such act which legally has not been permitted to do in any condition because it violations the freedom of the other
Meaning of Nuisance
The word nuisance has been derived from the Latin word “Nuis” which means to “do hurt” or “to annoy”
Definition of nuisance
A nuisance is an act which interferes and violates the rights of others and it causes to hurt or annoyance to others
Essential elements of nuisance
Following are the necessary elements of the nuisance. Details are being given
Unlawful interference
In the law of tort, unlawful interference is an essential element of nuisance, there must be unlawful interference which must violate the rights of others and it is a civil wrong
Damage
In the law of tort, damage is an essential element of nuisance without damage a person cannot sue someone. Damage means a loss which a person suffers as result of wrong done, loss may be of money, reputation, goodwill, health or service
Physical discomfort
In the law of tort, physical discomfort is an essential element of nuisance, it means if a person who is physically being teased by other will be called physical discomfort and can sue against the wrongdoer
Kinds of nuisance
Following are the two kinds of nuisance. Details are as under
- Private nuisance
- Public nuisance
Definition of private nuisance
A private nuisance is an act which interferes with a person's enjoyment and use of his land which has been legally recognized by the state.
Definition public nuisance
Public nuisance is an act that affects the public at large, with the interference of their rights as health, safety of community etc
Remedies for nuisance
Following are the remedies for nuisance. Details are as under.
Abatement of nuisance
In the law of tort, abatement of nuisance is an extra-judicial remedy, if a person is being irritated by an object in this case he has the right to remove (abate) the nuisance without the help of the court
Damages
In the law of tort, damage is the compensation of money to an injured person by the wrongdoer through a court of law of damages
Injunction
In the law of tort, an injunction is a court order which prohibits wrongdoer from doing something wrong in future again
Civil remedy
In the law of tort, if someone is facing nuisance from others in this situation injured person can take legal action against the wrongdoer in the shape of a civil remedy
Criminal remedy
A person committing public nuisance, can be sued under criminal law because public nuisance is a criminal act
Defences for nuisance
Following are the defences for nuisance. Details are as under.
Consent
Under the law of tort in this situation, an injured person cannot sue, if the consent of the injured person has been taken for nuisance. It is the best defence for the defendant. But consent should be free from undue influence.
Statutory authority
Under the law of tort. If a person is performing an act which is a nuisance in its nature on behalf of statutory authority. It is a defence for the defendant
Prescription
Under the law of tort, if the defendant has acquired the right of easement through prescription, in this case injured person cannot sue against wrongdoer
Difference between private and public nuisance
Following are the differences between private and public nuisances
As to violation
Private nuisance violates individual rights
Public nuisance violates the public rights at large
As to injury
Private nuisance causes injury to an individual
Public nuisance causes injury to the public at large
As to prosecution
In private nuisance, a private person can prosecute
In public nuisance, a private person cannot prosecute but a lawyer
As to offence
A private nuisance is a civil wrong
A public nuisance is a criminal wrong
As to remedy
In private nuisance, a remedy can be made by compensation
In public nuisance, a remedy can be made by criminal prosecution
As to proof
In private nuisance, proof of damage is required
In public nuisance, proof of damage is not required
As to right
Private nuisance is related to private right
Public nuisance is related to public right
As to prescription
In private nuisance easement can be acquired by prescription
In public nuisance, an easement cannot be acquired by prescription
As to scope
The scope of private nuisance is less
The scope of public nuisance is wider
Conclusion
The public nuisance and the private nuisance are the kinds of nuisance. Nuisance is such a term according to which when someone hurts others by unlawful interference with the right of others and enjoyment of use of land which causes damage. But private nuisance is not a criminal act it is purely an act of tort but public nuisance is purely an act of criminal proceedings