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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. 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.
  • a)
    It is a private nuisance as it caused inconvenience to John.
  • b)
    It is a public nuisance as it caused inconvenience and Josh would be held liable.
  • c)
    This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.
  • d)
    None of the above
Correct answer is option 'B'. Can you explain this answer?
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Directions: The question is based on the reasoning and arguments, or f...
The ringing was a public nuisance and Josh must be entitled to an injunction. In this case, John resided in a house next to a Roman Catholic Church of which the defendant was the priest and the chapel bell was rung at all hours of the day and night.
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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.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.

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.

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.

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 doctrine of vicarious liability can also be termed as the heart of the common law system of tort. It acts as being saving clause for the inferior, who acts for the wrongful order of their superior that ultimately leads to the wrongful act under tort law.Generally, it is the rule that the person is liable for the wrongful acts done by himself and no one else would incur the liability for his act. But under certain circumstances, one person can be held liable for the acts done by the other and thats where the doctrine of vicarious liability lies. Thus, for example, where the wrongful act was done by B who was at that time working under A, then, in that condition, A would be held liable for the tortious liability as per this doctrine of vicarious liability. But to be held liable for this type of tort, it is necessary that there is a certain kind of relationship between the two and the act done should be in a certain way related to that relationship. There is certain scope of employment under which an employer could be held liable. Scope of employment refers to the actions of an employee within the terms of his employment. This employment varies depending on the specific requirements of the job the employee is hired to do.When a person has got the authority to perform a certain act but he authorises it to someone else working under him, this relationship is known as a principal-agent relationship. When the principal authorises an agent to perform some tortious act, the liability for that will not be only of that person who has committed it but also of that who has authorised it. It is based on the principle "Qui facit per alium facit per se", which means "the act of an agent is the act of the principal". Liability of both the principal and the agent is joint and several.At times, the master or the employer may knowingly employ a clearly incompetent person. Hence, if any fault is committed, then the master will still be responsible. Master may consciously fail to provide proper means for the performance of the allotted work, if the servant does a work in such a manner due to which anybody faces inconvenience would make the master liable. Individuals performing work for someone else, though not considered legal employees but independent contractors, are not working within the scope of employment for the sake of vicarious liability.Q.Aman asked Ramu, his servant, to light a bonfire in the garden and for that, Aman neither instructed him nor gave any means to light the bonfire. Ramu lit the bonfire using his own technique, due to which Amans neighbour had inconvenience. Will Aman be liable?

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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.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.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.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.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.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? for CLAT 2025 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.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.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2025 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.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.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.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.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.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.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.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.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.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.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.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.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.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.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.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.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.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.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.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.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.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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