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Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.
The word 'nuisance' is derived from the French word 'nuire' and the Latin word 'nocere' which means 'to do hurt or to annoy'. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.
There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.
Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or 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. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:
(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.
(2) Such injury must be direct and not mere consequential injury.
(3) The injury must be of suspension character.
Private nuisance is the using or authorising the use of one's property, or of anything under one's control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.
Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if you're not the person responsible for causing the nuisance.
Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbour's land; Nuisance by direct physical injury to a neighbour's land; Nuisance by interference with a neighbour's quiet enjoyment of his life.
If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.
Q. Amar owns a house in Delhi. Amar's adjoining house caught fire due to short circuit. It was held that it was due to water leaks through the wall of Amar's house. Amar's neighbour filed a complaint against him that Amar was liable for the short circuit. On the other hand, Amar gave a plea that he was not in the town for a week when the fire broke out. Decide.
  • a)
    Amar won't be held liable as he was not in the town.
  • b)
    Amar would be held liable as it was caused because of leaks through Amar's building.
  • c)
    Amar won't be held liable as he did not do any default intentionally.
  • d)
    None of the above
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
Directions: The question is based on the reasoning and arguments, or f...
Amar would be held liable as it was caused because of leaks through Amar's building.
If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if you're not the person responsible for causing the nuisance. Action may be taken against you if the person responsible for causing the nuisance cannot be found. You can also be found liable if the nuisance has not yet occurred, but is likely to occur.
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Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or 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. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.Bunty, an MLA of Jodha district, put up a hoarding, advertising himself and his party. The hoarding was put up in a way that due to wind, the strings might hang in such a way that it could cause injury to a bike rider. Javed on the way to his home on a rainy day met with an accident on the same highway. Javed filed a suit against Bunty. Decide.

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or 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. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.John lived next to a Roman Catholic Church of which Josh was the priest and the chapel bell was rung at all hours of the day and night. John filed a suit against Josh. Decide.

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or 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. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.A private factory dumps its chemical waste through a private pipeline which opens up near the local water supply of the town. A local saw it and filed a suit against it. Decide.

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or 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. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.Nilson lives in Sunshine apartments on 4th floor. He is an animal lover and has pets in his flat. He has a dog who barks continuously throughout the night. Nilson lets his dog bark outside the apartment every night. The neighbours filed a complaint against Nilson. Decide.

The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The definition of abetment under Section 107 of the IPC requires a person to abet the commission of an offence. This abetment may occur in any of the three methods that the provision prescribes.The Section says that abetment basically takes place when a person abets the doing of a thing by instigating a person to do that thing engaging with another person (or persons) in a conspiracy to do that thing intentionally aiding a person to do that thingWhen any of these requirements exists, the offence of abetment is complete. Sometimes a person may commit more than one of these three circumstances in a single offence.Abetment by Conspiracy:Conspiracy basically means an agreement between two or more persons to commit an unlawful act. Merely intending to commit an offence is not sufficient for this purpose. Thus, the conspirators must actively agree and prepare themselves to commit that offence. It becomes a conspiracy. Instigation basically means suggesting, encouraging or inciting a person to do or abstain from doing something. Instigation may take place either directly or indirectly, by written or oral words, or even by gestures and hints. The instigation must be sufficient to actively encourage a person to commit an offence. It should not be mere advice or a simple suggestion. The instigator need not even possess mens rea (a guilty intention to commit the crim e). Furthermore, the act which the conspirators conspire to commit itself must be illegal or punishable. For example, in dowry death cases, the in-laws of the victim are often guilty of abetment by conspiracy. They may do so by constantly taunting, torturing or instigating the victim. Even suicides may take place in this manner through abetment by conspiracy.Abetment by Aiding:The third manner in which abetment may take place is by intentionally aiding the offender in committing that offence. This generally happens when the abettor facilitates the crime or helps in committing it. The intention to aid the offender is very important. Explanation of this Section throws some lights on what instigation may mean in this context. It says that instigation may generally happen even by wilful misrepresentation; or by willful concealment of a material fact which a person is bound to disclose. The concept of abetment widens the horizons of criminal law to incorporate these criminal intentions and penalise them even when the person who bought the knife did not actually kill anyone but handed it over to someone else to do it. To explain the concept of abetment, the word abet should be given a deep scrutiny. In general use, it means to aid, advance, assist, help and promote.Q.Mr X had committed a murder and was on a run. He went to his friends house to seek shelter. His friend did not know that he had committed a murder and gave him shelter. But after two days, Mr Xs friend was watching TV, from which he got to know that Mr X had committed a murder, but he did not do anything.After a week of knowledge, X ran away. When the police arrived, they charged Mr X for murder and his friend for abetmentas they saw X running out of the house where he had hid himself. Decide.

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Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or 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. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.Amar owns a house in Delhi. Amars adjoining house caught fire due to short circuit. It was held that it was due to water leaks through the wall of Amars house. Amars neighbour filed a complaint against him that Amar was liable for the short circuit. On the other hand, Amar gave a plea that he was not in the town for a week when the fire broke out. Decide.a)Amar wont be held liable as he was not in the town.b)Amar would be held liable as it was caused because of leaks through Amars building.c)Amar wont be held liable as he did not do any default intentionally.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer?
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Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or 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. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.Amar owns a house in Delhi. Amars adjoining house caught fire due to short circuit. It was held that it was due to water leaks through the wall of Amars house. Amars neighbour filed a complaint against him that Amar was liable for the short circuit. On the other hand, Amar gave a plea that he was not in the town for a week when the fire broke out. Decide.a)Amar wont be held liable as he was not in the town.b)Amar would be held liable as it was caused because of leaks through Amars building.c)Amar wont be held liable as he did not do any default intentionally.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or 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. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.Amar owns a house in Delhi. Amars adjoining house caught fire due to short circuit. It was held that it was due to water leaks through the wall of Amars house. Amars neighbour filed a complaint against him that Amar was liable for the short circuit. On the other hand, Amar gave a plea that he was not in the town for a week when the fire broke out. Decide.a)Amar wont be held liable as he was not in the town.b)Amar would be held liable as it was caused because of leaks through Amars building.c)Amar wont be held liable as he did not do any default intentionally.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or 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. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.Amar owns a house in Delhi. Amars adjoining house caught fire due to short circuit. It was held that it was due to water leaks through the wall of Amars house. Amars neighbour filed a complaint against him that Amar was liable for the short circuit. On the other hand, Amar gave a plea that he was not in the town for a week when the fire broke out. Decide.a)Amar wont be held liable as he was not in the town.b)Amar would be held liable as it was caused because of leaks through Amars building.c)Amar wont be held liable as he did not do any default intentionally.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer?.
Solutions for Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or 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. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.Amar owns a house in Delhi. Amars adjoining house caught fire due to short circuit. It was held that it was due to water leaks through the wall of Amars house. Amars neighbour filed a complaint against him that Amar was liable for the short circuit. On the other hand, Amar gave a plea that he was not in the town for a week when the fire broke out. Decide.a)Amar wont be held liable as he was not in the town.b)Amar would be held liable as it was caused because of leaks through Amars building.c)Amar wont be held liable as he did not do any default intentionally.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or 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. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.Amar owns a house in Delhi. Amars adjoining house caught fire due to short circuit. It was held that it was due to water leaks through the wall of Amars house. Amars neighbour filed a complaint against him that Amar was liable for the short circuit. On the other hand, Amar gave a plea that he was not in the town for a week when the fire broke out. Decide.a)Amar wont be held liable as he was not in the town.b)Amar would be held liable as it was caused because of leaks through Amars building.c)Amar wont be held liable as he did not do any default intentionally.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or 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. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.Amar owns a house in Delhi. Amars adjoining house caught fire due to short circuit. It was held that it was due to water leaks through the wall of Amars house. Amars neighbour filed a complaint against him that Amar was liable for the short circuit. On the other hand, Amar gave a plea that he was not in the town for a week when the fire broke out. Decide.a)Amar wont be held liable as he was not in the town.b)Amar would be held liable as it was caused because of leaks through Amars building.c)Amar wont be held liable as he did not do any default intentionally.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer?, a detailed solution for Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or 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. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.Amar owns a house in Delhi. Amars adjoining house caught fire due to short circuit. It was held that it was due to water leaks through the wall of Amars house. Amars neighbour filed a complaint against him that Amar was liable for the short circuit. On the other hand, Amar gave a plea that he was not in the town for a week when the fire broke out. Decide.a)Amar wont be held liable as he was not in the town.b)Amar would be held liable as it was caused because of leaks through Amars building.c)Amar wont be held liable as he did not do any default intentionally.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? has been provided alongside types of Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or 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. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.Amar owns a house in Delhi. Amars adjoining house caught fire due to short circuit. It was held that it was due to water leaks through the wall of Amars house. Amars neighbour filed a complaint against him that Amar was liable for the short circuit. On the other hand, Amar gave a plea that he was not in the town for a week when the fire broke out. Decide.a)Amar wont be held liable as he was not in the town.b)Amar would be held liable as it was caused because of leaks through Amars building.c)Amar wont be held liable as he did not do any default intentionally.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or 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. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.Amar owns a house in Delhi. Amars adjoining house caught fire due to short circuit. It was held that it was due to water leaks through the wall of Amars house. Amars neighbour filed a complaint against him that Amar was liable for the short circuit. On the other hand, Amar gave a plea that he was not in the town for a week when the fire broke out. Decide.a)Amar wont be held liable as he was not in the town.b)Amar would be held liable as it was caused because of leaks through Amars building.c)Amar wont be held liable as he did not do any default intentionally.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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