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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. 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.
  • a)
    This is a private nuisance as a local filed a suit against it.
  • b)
    This is a public nuisance as it is harming the masses.
  • c)
    This is not a nuisance as it is to be handled under National Green Tribunal.
  • d)
    None of the above
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
Directions: The question is based on the reasoning and arguments, or f...
A nuisance lawsuit can be brought for a public nuisance if a chemical plant begins dumping waste in the local water supply. Public nuisance suits tend to be class-action lawsuits, meaning that a large group of people file small claims suits at around the same time against the defendant for the same issue.
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.
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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.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.a)This is a private nuisance as a local filed a suit against it.b)This is a public nuisance as it is harming the masses.c)This is not a nuisance as it is to be handled under National Green Tribunal.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer?
Question Description
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.a)This is a private nuisance as a local filed a suit against it.b)This is a public nuisance as it is harming the masses.c)This is not a nuisance as it is to be handled under National Green Tribunal.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.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.a)This is a private nuisance as a local filed a suit against it.b)This is a public nuisance as it is harming the masses.c)This is not a nuisance as it is to be handled under National Green Tribunal.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.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.a)This is a private nuisance as a local filed a suit against it.b)This is a public nuisance as it is harming the masses.c)This is not a nuisance as it is to be handled under National Green Tribunal.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.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.a)This is a private nuisance as a local filed a suit against it.b)This is a public nuisance as it is harming the masses.c)This is not a nuisance as it is to be handled under National Green Tribunal.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.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.a)This is a private nuisance as a local filed a suit against it.b)This is a public nuisance as it is harming the masses.c)This is not a nuisance as it is to be handled under National Green Tribunal.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.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.a)This is a private nuisance as a local filed a suit against it.b)This is a public nuisance as it is harming the masses.c)This is not a nuisance as it is to be handled under National Green Tribunal.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.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.a)This is a private nuisance as a local filed a suit against it.b)This is a public nuisance as it is harming the masses.c)This is not a nuisance as it is to be handled under National Green Tribunal.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.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.a)This is a private nuisance as a local filed a suit against it.b)This is a public nuisance as it is harming the masses.c)This is not a nuisance as it is to be handled under National Green Tribunal.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.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.a)This is a private nuisance as a local filed a suit against it.b)This is a public nuisance as it is harming the masses.c)This is not a nuisance as it is to be handled under National Green Tribunal.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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