CLAT Exam  >  CLAT Questions  >  PRINCIPLE: Nuisance as a tort (Civil wrong) m... Start Learning for Free
PRINCIPLE: Nuisance as a tort (Civil wrong) means an unlawful interference with a person’s use of enjoyment of land, or some right over, or in connection with it.
FACT: During the scarcity of onions, long queues were made outside the defendant’s shop, who, having a license to sell fruits and vegetables, used to sell only 1 kg of onion per ration card. The queues extended on the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendant
  • a)
    The defendant is liable for nuisance
  • b)
    The defendant was not liable for nuisance
  • c)
    The defendant was liable under the principle of strict liability
  • d)
    The plaintiff’s should be decreed in his favour 
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
PRINCIPLE: Nuisance as a tort (Civil wrong) means an unlawful interfer...
 Nuisance is an injury to the right of a person in possession of a property to undisturbed enjoyment of it and result from an improper use by another person in his property.
In the present case, the fruits and vegetable seller was lawfully selling his fruits and vegetables as he had a license to do so. Moreover, the queue before his shops was because of people who needed onions from him and not directly because of him as he is not interfering with others' use or enjoyment of land or some right over, or in connection with it. Hence, the defendant is not liable for nuisance.
View all questions of this test
Most Upvoted Answer
PRINCIPLE: Nuisance as a tort (Civil wrong) means an unlawful interfer...
Explanation:

Key Points:

- The essential element of nuisance as a tort is the unlawful interference with a person's use and enjoyment of land or some right connected to it.
- In this case, the defendant's actions of selling only 1 kg of onion per ration card, leading to long queues and obstruction to neighboring shops, may constitute an interference with the neighboring shopkeepers' rights.

Analysis:

- The defendant's actions do not seem to amount to an unlawful interference with the neighboring shopkeepers' use and enjoyment of their land.
- The queues and obstruction caused by the scarcity of onions do not appear to be intentionally or unreasonably caused by the defendant.

Therefore, based on the facts provided, the defendant is not liable for nuisance as there is no clear evidence of an unlawful interference with the neighboring shopkeepers' rights.
Attention CLAT Students!
To make sure you are not studying endlessly, EduRev has designed CLAT study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CLAT.
Explore Courses for CLAT exam

Similar CLAT Doubts

Top Courses for CLAT

PRINCIPLE: Nuisance as a tort (Civil wrong) means an unlawful interference with a person’s use of enjoyment of land, or some right over, or in connection with it.FACT: During the scarcity of onions, long queues were made outside the defendant’s shop, who, having a license to sell fruits and vegetables, used to sell only 1 kg of onion per ration card. The queues extended on the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendanta)The defendant is liable for nuisanceb)The defendant was not liable for nuisancec)The defendant was liable under the principle of strict liabilityd)The plaintiff’s should be decreed in his favourCorrect answer is option 'B'. Can you explain this answer?
Question Description
PRINCIPLE: Nuisance as a tort (Civil wrong) means an unlawful interference with a person’s use of enjoyment of land, or some right over, or in connection with it.FACT: During the scarcity of onions, long queues were made outside the defendant’s shop, who, having a license to sell fruits and vegetables, used to sell only 1 kg of onion per ration card. The queues extended on the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendanta)The defendant is liable for nuisanceb)The defendant was not liable for nuisancec)The defendant was liable under the principle of strict liabilityd)The plaintiff’s should be decreed in his favourCorrect 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 PRINCIPLE: Nuisance as a tort (Civil wrong) means an unlawful interference with a person’s use of enjoyment of land, or some right over, or in connection with it.FACT: During the scarcity of onions, long queues were made outside the defendant’s shop, who, having a license to sell fruits and vegetables, used to sell only 1 kg of onion per ration card. The queues extended on the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendanta)The defendant is liable for nuisanceb)The defendant was not liable for nuisancec)The defendant was liable under the principle of strict liabilityd)The plaintiff’s should be decreed in his favourCorrect 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 PRINCIPLE: Nuisance as a tort (Civil wrong) means an unlawful interference with a person’s use of enjoyment of land, or some right over, or in connection with it.FACT: During the scarcity of onions, long queues were made outside the defendant’s shop, who, having a license to sell fruits and vegetables, used to sell only 1 kg of onion per ration card. The queues extended on the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendanta)The defendant is liable for nuisanceb)The defendant was not liable for nuisancec)The defendant was liable under the principle of strict liabilityd)The plaintiff’s should be decreed in his favourCorrect answer is option 'B'. Can you explain this answer?.
Solutions for PRINCIPLE: Nuisance as a tort (Civil wrong) means an unlawful interference with a person’s use of enjoyment of land, or some right over, or in connection with it.FACT: During the scarcity of onions, long queues were made outside the defendant’s shop, who, having a license to sell fruits and vegetables, used to sell only 1 kg of onion per ration card. The queues extended on the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendanta)The defendant is liable for nuisanceb)The defendant was not liable for nuisancec)The defendant was liable under the principle of strict liabilityd)The plaintiff’s should be decreed in his favourCorrect 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 PRINCIPLE: Nuisance as a tort (Civil wrong) means an unlawful interference with a person’s use of enjoyment of land, or some right over, or in connection with it.FACT: During the scarcity of onions, long queues were made outside the defendant’s shop, who, having a license to sell fruits and vegetables, used to sell only 1 kg of onion per ration card. The queues extended on the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendanta)The defendant is liable for nuisanceb)The defendant was not liable for nuisancec)The defendant was liable under the principle of strict liabilityd)The plaintiff’s should be decreed in his favourCorrect answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of PRINCIPLE: Nuisance as a tort (Civil wrong) means an unlawful interference with a person’s use of enjoyment of land, or some right over, or in connection with it.FACT: During the scarcity of onions, long queues were made outside the defendant’s shop, who, having a license to sell fruits and vegetables, used to sell only 1 kg of onion per ration card. The queues extended on the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendanta)The defendant is liable for nuisanceb)The defendant was not liable for nuisancec)The defendant was liable under the principle of strict liabilityd)The plaintiff’s should be decreed in his favourCorrect answer is option 'B'. Can you explain this answer?, a detailed solution for PRINCIPLE: Nuisance as a tort (Civil wrong) means an unlawful interference with a person’s use of enjoyment of land, or some right over, or in connection with it.FACT: During the scarcity of onions, long queues were made outside the defendant’s shop, who, having a license to sell fruits and vegetables, used to sell only 1 kg of onion per ration card. The queues extended on the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendanta)The defendant is liable for nuisanceb)The defendant was not liable for nuisancec)The defendant was liable under the principle of strict liabilityd)The plaintiff’s should be decreed in his favourCorrect answer is option 'B'. Can you explain this answer? has been provided alongside types of PRINCIPLE: Nuisance as a tort (Civil wrong) means an unlawful interference with a person’s use of enjoyment of land, or some right over, or in connection with it.FACT: During the scarcity of onions, long queues were made outside the defendant’s shop, who, having a license to sell fruits and vegetables, used to sell only 1 kg of onion per ration card. The queues extended on the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendanta)The defendant is liable for nuisanceb)The defendant was not liable for nuisancec)The defendant was liable under the principle of strict liabilityd)The plaintiff’s should be decreed in his favourCorrect answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice PRINCIPLE: Nuisance as a tort (Civil wrong) means an unlawful interference with a person’s use of enjoyment of land, or some right over, or in connection with it.FACT: During the scarcity of onions, long queues were made outside the defendant’s shop, who, having a license to sell fruits and vegetables, used to sell only 1 kg of onion per ration card. The queues extended on the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendanta)The defendant is liable for nuisanceb)The defendant was not liable for nuisancec)The defendant was liable under the principle of strict liabilityd)The plaintiff’s should be decreed in his favourCorrect answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
Explore Courses for CLAT exam

Top Courses for CLAT

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev