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Instruction: This section consists of five problems in total. Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions.
Rules : Problem 4
A. Trespass to land means interference with the possession of land without lawful justification.
B. Trespass could be committed either by a person himself entering the land of another or doing the same through some material object: stick, stones etc.
C. When a person enters certain premises under the authority of some law and after having entered there abuses that authority by committing some wrongful act there, he will be considered a trespasser.
D. Where there is justification to enter the premises it is no trespass.
Facts: Mr. A and B were neighbours in a locality but were not friendly with each other and there was always some fight going on between both of them.
Decide as per the questions.
A had set up a tandoor in his house and the smoke from it use to go to B’s house. Can B sue A for trespass?
  • a)
    Yes, because it’s an unreasonable interference with the enjoyment of his property
  • b)
    No, because it had a reasonable justification for it and he can do anything legally on his land.
  • c)
    Yes, because he was negligent.
  • d)
    No, because it’s air and he cannot control.
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
Instruction: This section consists of five problems in total. Each pr...
Yes, because it’s an unreasonable interference with the enjoyment of his property
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Instruction: This section consists of five problems in total. Each pr...
Understanding Trespass to Land
Trespass to land involves an interference with someone's possession of land without lawful justification. In this context, we assess whether Mr. B can sue Mr. A for the smoke coming from A's tandoor.
Key Points of the Scenario
- Nature of the Conflict:
Mr. A and B are neighbors with a history of disputes, which might amplify the significance of the smoke issue.
- Smoke from the Tandoor:
The smoke generated by A’s tandoor enters B’s property, affecting B’s enjoyment of his home.
Legal Justification for B’s Claim
- Unreasonable Interference:
A's smoke can be considered an unreasonable interference with B’s use and enjoyment of his property. The law protects landowners from nuisances that disrupt their peaceful enjoyment of their homes, and smoke can be categorized as such.
- Absence of Justification:
While A may argue he has a right to use his property as he wishes, this right is not absolute. The harm caused to B through smoke can be deemed unreasonable, leading to B having a valid claim for trespass.
Conclusion
Therefore, the correct answer is option 'A': Yes, because it’s an unreasonable interference with the enjoyment of his property. This aligns with the principles of trespass, where the interference with possession or enjoyment without lawful justification is actionable.
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Instruction: This section consists of five problems in total. Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions.Rules : Problem 4A. Trespass to land means interference with the possession of land without lawful justification.B. Trespass could be committed either by a person himself entering the land of another or doing the same through some material object: stick, stones etc.C. When a person enters certain premises under the authority of some law and after having entered there abuses that authority by committing some wrongful act there, he will be considered a trespasser.D. Where there is justification to enter the premises it is no trespass.Facts: Mr. A and B were neighbours in a locality but were not friendly with each other and there was always some fight going on between both of them.Decide as per the questions.A had set up a tandoor in his house and the smoke from it use to go to B’s house. Can B sue A for trespass?a)Yes, because it’s an unreasonable interference with the enjoyment of his propertyb)No, because it had a reasonable justification for it and he can do anything legally on his land.c)Yes, because he was negligent.d)No, because it’s air and he cannot control.Correct answer is option 'A'. Can you explain this answer?
Question Description
Instruction: This section consists of five problems in total. Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions.Rules : Problem 4A. Trespass to land means interference with the possession of land without lawful justification.B. Trespass could be committed either by a person himself entering the land of another or doing the same through some material object: stick, stones etc.C. When a person enters certain premises under the authority of some law and after having entered there abuses that authority by committing some wrongful act there, he will be considered a trespasser.D. Where there is justification to enter the premises it is no trespass.Facts: Mr. A and B were neighbours in a locality but were not friendly with each other and there was always some fight going on between both of them.Decide as per the questions.A had set up a tandoor in his house and the smoke from it use to go to B’s house. Can B sue A for trespass?a)Yes, because it’s an unreasonable interference with the enjoyment of his propertyb)No, because it had a reasonable justification for it and he can do anything legally on his land.c)Yes, because he was negligent.d)No, because it’s air and he cannot control.Correct answer is option 'A'. 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 Instruction: This section consists of five problems in total. Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions.Rules : Problem 4A. Trespass to land means interference with the possession of land without lawful justification.B. Trespass could be committed either by a person himself entering the land of another or doing the same through some material object: stick, stones etc.C. When a person enters certain premises under the authority of some law and after having entered there abuses that authority by committing some wrongful act there, he will be considered a trespasser.D. Where there is justification to enter the premises it is no trespass.Facts: Mr. A and B were neighbours in a locality but were not friendly with each other and there was always some fight going on between both of them.Decide as per the questions.A had set up a tandoor in his house and the smoke from it use to go to B’s house. Can B sue A for trespass?a)Yes, because it’s an unreasonable interference with the enjoyment of his propertyb)No, because it had a reasonable justification for it and he can do anything legally on his land.c)Yes, because he was negligent.d)No, because it’s air and he cannot control.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Instruction: This section consists of five problems in total. Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions.Rules : Problem 4A. Trespass to land means interference with the possession of land without lawful justification.B. Trespass could be committed either by a person himself entering the land of another or doing the same through some material object: stick, stones etc.C. When a person enters certain premises under the authority of some law and after having entered there abuses that authority by committing some wrongful act there, he will be considered a trespasser.D. Where there is justification to enter the premises it is no trespass.Facts: Mr. A and B were neighbours in a locality but were not friendly with each other and there was always some fight going on between both of them.Decide as per the questions.A had set up a tandoor in his house and the smoke from it use to go to B’s house. Can B sue A for trespass?a)Yes, because it’s an unreasonable interference with the enjoyment of his propertyb)No, because it had a reasonable justification for it and he can do anything legally on his land.c)Yes, because he was negligent.d)No, because it’s air and he cannot control.Correct answer is option 'A'. Can you explain this answer?.
Solutions for Instruction: This section consists of five problems in total. Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions.Rules : Problem 4A. Trespass to land means interference with the possession of land without lawful justification.B. Trespass could be committed either by a person himself entering the land of another or doing the same through some material object: stick, stones etc.C. When a person enters certain premises under the authority of some law and after having entered there abuses that authority by committing some wrongful act there, he will be considered a trespasser.D. Where there is justification to enter the premises it is no trespass.Facts: Mr. A and B were neighbours in a locality but were not friendly with each other and there was always some fight going on between both of them.Decide as per the questions.A had set up a tandoor in his house and the smoke from it use to go to B’s house. Can B sue A for trespass?a)Yes, because it’s an unreasonable interference with the enjoyment of his propertyb)No, because it had a reasonable justification for it and he can do anything legally on his land.c)Yes, because he was negligent.d)No, because it’s air and he cannot control.Correct answer is option 'A'. 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 Instruction: This section consists of five problems in total. Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions.Rules : Problem 4A. Trespass to land means interference with the possession of land without lawful justification.B. Trespass could be committed either by a person himself entering the land of another or doing the same through some material object: stick, stones etc.C. When a person enters certain premises under the authority of some law and after having entered there abuses that authority by committing some wrongful act there, he will be considered a trespasser.D. Where there is justification to enter the premises it is no trespass.Facts: Mr. A and B were neighbours in a locality but were not friendly with each other and there was always some fight going on between both of them.Decide as per the questions.A had set up a tandoor in his house and the smoke from it use to go to B’s house. Can B sue A for trespass?a)Yes, because it’s an unreasonable interference with the enjoyment of his propertyb)No, because it had a reasonable justification for it and he can do anything legally on his land.c)Yes, because he was negligent.d)No, because it’s air and he cannot control.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Instruction: This section consists of five problems in total. Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions.Rules : Problem 4A. Trespass to land means interference with the possession of land without lawful justification.B. Trespass could be committed either by a person himself entering the land of another or doing the same through some material object: stick, stones etc.C. When a person enters certain premises under the authority of some law and after having entered there abuses that authority by committing some wrongful act there, he will be considered a trespasser.D. Where there is justification to enter the premises it is no trespass.Facts: Mr. A and B were neighbours in a locality but were not friendly with each other and there was always some fight going on between both of them.Decide as per the questions.A had set up a tandoor in his house and the smoke from it use to go to B’s house. Can B sue A for trespass?a)Yes, because it’s an unreasonable interference with the enjoyment of his propertyb)No, because it had a reasonable justification for it and he can do anything legally on his land.c)Yes, because he was negligent.d)No, because it’s air and he cannot control.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for Instruction: This section consists of five problems in total. Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions.Rules : Problem 4A. Trespass to land means interference with the possession of land without lawful justification.B. Trespass could be committed either by a person himself entering the land of another or doing the same through some material object: stick, stones etc.C. When a person enters certain premises under the authority of some law and after having entered there abuses that authority by committing some wrongful act there, he will be considered a trespasser.D. Where there is justification to enter the premises it is no trespass.Facts: Mr. A and B were neighbours in a locality but were not friendly with each other and there was always some fight going on between both of them.Decide as per the questions.A had set up a tandoor in his house and the smoke from it use to go to B’s house. Can B sue A for trespass?a)Yes, because it’s an unreasonable interference with the enjoyment of his propertyb)No, because it had a reasonable justification for it and he can do anything legally on his land.c)Yes, because he was negligent.d)No, because it’s air and he cannot control.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of Instruction: This section consists of five problems in total. Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions.Rules : Problem 4A. Trespass to land means interference with the possession of land without lawful justification.B. Trespass could be committed either by a person himself entering the land of another or doing the same through some material object: stick, stones etc.C. When a person enters certain premises under the authority of some law and after having entered there abuses that authority by committing some wrongful act there, he will be considered a trespasser.D. Where there is justification to enter the premises it is no trespass.Facts: Mr. A and B were neighbours in a locality but were not friendly with each other and there was always some fight going on between both of them.Decide as per the questions.A had set up a tandoor in his house and the smoke from it use to go to B’s house. Can B sue A for trespass?a)Yes, because it’s an unreasonable interference with the enjoyment of his propertyb)No, because it had a reasonable justification for it and he can do anything legally on his land.c)Yes, because he was negligent.d)No, because it’s air and he cannot control.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Instruction: This section consists of five problems in total. Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions.Rules : Problem 4A. Trespass to land means interference with the possession of land without lawful justification.B. Trespass could be committed either by a person himself entering the land of another or doing the same through some material object: stick, stones etc.C. When a person enters certain premises under the authority of some law and after having entered there abuses that authority by committing some wrongful act there, he will be considered a trespasser.D. Where there is justification to enter the premises it is no trespass.Facts: Mr. A and B were neighbours in a locality but were not friendly with each other and there was always some fight going on between both of them.Decide as per the questions.A had set up a tandoor in his house and the smoke from it use to go to B’s house. Can B sue A for trespass?a)Yes, because it’s an unreasonable interference with the enjoyment of his propertyb)No, because it had a reasonable justification for it and he can do anything legally on his land.c)Yes, because he was negligent.d)No, because it’s air and he cannot control.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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