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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. 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.
  • a)
    Bunty would be held liable as it caused private nuisance.
  • b)
    Bunty would be held liable for the incident.
  • c)
    Bunty is not liable for the incident as it is caused due to rain.
  • 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...
Bunty would be held liable for the incident.
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 done irrespective of negligence. If anything is placed on a highway which is likely to cause an accident being an obstruction to those who are using the highway on their lawful occasion such as vehicle unlighted and unguarded standing there at night and an accident results, there is an actionable nuisance.
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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.

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.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.

Directions: Read the passage and answer the following question.Trespass can be defined as an unjustifiable physical interference of land in possession of one party by another. Under English common law where these principles of torts emanate, trespass does not form a criminal act but in the Indian Penal Code it has been given recognition i.e. under section 441 But it defines trespass as unjustifiable physical interference with the possession of property of the claimant with requisite intention of doing so. The Intention part is present due to it being under a criminal code where in 'mens rea' is a part.Under English Common Law the maxim that is used for trespass is 'trespass quare clausam fregit' which means "because he (the defendant) broke or entered into the close". The tort of trespass requires essentially only the possession of land by the plaintiff and encroachment by some way by the defendant. There requires no force, unlawful intention or damage nor the breaking of an enclosure. One of the most important ingredients of a tort of trespass is the fact that the land in question which has been encroached upon essentially needs to be in the direct possession of the plaintiff and not just mere physical presence on it. Another essential provision of the tort of trespass includes in the directness of the act. If the act is direct i.e. arising out of the natural consequences of the act of the defendant then it is valid. But trespass is encroachment upon property whereas nuisance is interference upon another's right to enjoy his property.Also if a person enters upon another's land and stays on it, the act is connoted as continuing trespass. Furthermore the owner of a land is entitled to the airspace above him but he is aerial trespass has a very important ingredient which is that the object that enters his land aerially should be at such height that it violates his right to enjoy his property and moreover violate his right of ordinary use of his land.The subject matter for an action is a notable point. Merely walking on a land possessed by the plaintiff forms a tort as it involves encroaching upon the legal right to own property. The general principle of subject matter was prescribed in the many cases. It was held that anything associated with the soil and which is capable of being possessed individually forms the subject matter in the tort. Therefore if there is any damage incurred upon any object which is associated with the land of the plaintiff an action in trespass may be instituted.Q. Zandu and Kandu has adjacent lands separated by a brick wall. Zandu erects up a tree which leads to growing of branches and boughs and roots onto the land of Kandu. Kandu has repeatedly told Zandu to chop off the tree as it was causing disturbance to him. Atlast Kandu filed a suit in court.

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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.a)Bunty would be held liable as it caused private nuisance.b)Bunty would be held liable for the incident.c)Bunty is not liable for the incident as it is caused due to rain.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.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.a)Bunty would be held liable as it caused private nuisance.b)Bunty would be held liable for the incident.c)Bunty is not liable for the incident as it is caused due to rain.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.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.a)Bunty would be held liable as it caused private nuisance.b)Bunty would be held liable for the incident.c)Bunty is not liable for the incident as it is caused due to rain.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.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.a)Bunty would be held liable as it caused private nuisance.b)Bunty would be held liable for the incident.c)Bunty is not liable for the incident as it is caused due to rain.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.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.a)Bunty would be held liable as it caused private nuisance.b)Bunty would be held liable for the incident.c)Bunty is not liable for the incident as it is caused due to rain.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.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.a)Bunty would be held liable as it caused private nuisance.b)Bunty would be held liable for the incident.c)Bunty is not liable for the incident as it is caused due to rain.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.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.a)Bunty would be held liable as it caused private nuisance.b)Bunty would be held liable for the incident.c)Bunty is not liable for the incident as it is caused due to rain.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.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.a)Bunty would be held liable as it caused private nuisance.b)Bunty would be held liable for the incident.c)Bunty is not liable for the incident as it is caused due to rain.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.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.a)Bunty would be held liable as it caused private nuisance.b)Bunty would be held liable for the incident.c)Bunty is not liable for the incident as it is caused due to rain.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.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.a)Bunty would be held liable as it caused private nuisance.b)Bunty would be held liable for the incident.c)Bunty is not liable for the incident as it is caused due to rain.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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