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Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual situation. Apply the principle to it and select the most appropriate answer for the question among the four choices given.
LEGAL PRINCIPLE: When anyone uses his in property in such a manner as to cause damage to others, he commits the wrongful act of private nuisance.
FACTUAL SITUATION: X and Y are the owners of adjoining flats. X leased his flat to R, an AIDS patient and activist. Fearing the spread of the disease, Y's tenant vacated his flat and since then, no tenant is ready to move in Y's flat. Y repeatedly requested to X to change his tenant, but it was of no use. Now Y has filed a suit against X for causing private nuisance.
DECIDE.
  • a)
    Y will win in the court as X has knowingly caused him financial loss.
  • b)
    Y will fail in his case as X has a right to put his flat to any use as per his choice.
  • c)
    Y's claim will fall as X could not be held responsible for wrong beliefs and notions of the people.
  • d)
    Y will win the case as X did not to his repeated requests.
Correct answer is option 'C'. Can you explain this answer?
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Most Upvoted Answer
Given below are Legal Principles followed by a Factual Situation. App...
Explanation:

Legal Principle:
When anyone uses his property in such a manner as to cause damage to others, he commits the wrongful act of private nuisance.

Factual Situation:
X and Y are the owners of adjoining flats. X leased his flat to R, an AIDS patient and activist. Fearing the spread of the disease, Y's tenant vacated his flat and since then, no tenant is ready to move in Y's flat. Y repeatedly requested X to change his tenant, but it was of no use. Now Y has filed a suit against X for causing private nuisance.

Analysis:
- Y's claim will fall as X could not be held responsible for wrong beliefs and notions of the people.
- X has a right to put his flat to any use as per his choice, and he has not violated any legal principle by leasing his flat to an AIDS patient.
- Private nuisance requires an unreasonable interference with the use and enjoyment of another person's property. In this case, X's actions do not constitute an unreasonable interference.
Therefore, the most appropriate answer is option 'C'. Y's claim will likely be dismissed as X cannot be held liable for the unfounded fears and beliefs of others regarding the tenant he chooses to lease his property to.
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Community Answer
Given below are Legal Principles followed by a Factual Situation. App...
1. Nuisance can be defined as common law tort. It means that which causes offence, annoyance, trouble or injury. It can be further classified as public and private.
2. A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.
3. In the above situation X has the right to lease his flat to the patient and is not responsible for the wrong beliefs or notions of the people.
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Read the following passage and answer the question.Rule of natural justice are placed so highthat it has been declared time and again by courts that “no human law are of any validity, if contrary to this”, and court of law could discard an act of parliament if it is contrary to natural justice. Generally no provision is found in any statute for observance of principle of natural justice by adjudicating authorities.Question then arises, whether the adjudicating authorities are bound to follow these principles. Law is well settled on this point, courts have observed that even though there is no positive words in a statuteor rules requiring that the parties shall be heard, yet the principles of natural justice will supply the omission of legislature. In other words if a statute or rule authorising interference with property, civil or fundamental rights was silent on question of hearing and notice, the courts will apply the rules as it is “of universal application and founded on plainest principle of natural justice”. Non-observance of principle will invalidate the exercise of power by any authority. Principle of natural justice are binding on all courts, judicial bodies and quasi judicial bodies. Question is -are they applicable to an administrative action? Earlier court took the view that it is inapplicable but as per lord denning “that heresy has been scotched”. Thus a statutory body irrespective of its nature or function has to act fairly and not in an arbitrary manner.Principles of natural justice differs from situation to situation but certain basic premises remain the same. For instance, accused should know the nature of accusation made, he should be given an opportunity to state his case and tribunal should act in good faith. Whenever, a complaint is made to court regarding non observance of principles of natural justice, court has to see whether the observance of that rule was necessary for a just and fair decision as per the facts of the case. If it was necessary then court will declare the decision ultra vires the power of authority.Traditionally, there are 2 principles of natural justice.(i) No man shall be judge in his own cause, or no man can act as both at the one and the same time- a party or a suitor and also a judge, or a deciding authority must be impartial and without bias.(ii) Hear the other side, or both the side must be heard, or no man should be condemned unheard, or that there must be fairness on the part of deciding authority.Rule against bias simply means that, justice should not only be done, but manifestly and undoubtedly be seen to be done. Anything which tends or may be regarded as tending to cause such person to decide a case otherwise than on evidence must be held to be biased. Judge is supposed to be indifferent to the parties in a controversy. He must be in position to decide the matter objectively. He cannot allow his personal prejudice to go into decision making. Object is not merely that scales be held even; it is also that they may not appear to be inclined. This rule also applies to administrative authorities required to act judicially.Right to be heard simply means that, a party is not to suffer in person or in purse without an opportunity of being heard. In short, before an order is passed against any person, reasonable opportunity of being heard must be given to him. This maxim includes 2 elements- notice and hearing. Any action taken without notice is against principle of natural justice and is void ab initio. Notice must be clear, specific and unambiguous and charges should not be vague and uncertain. Moreover, notice must give reasonable opportunity to comply with requirement mentioned therein. Hearing simply means that no adverse action can be taken against any person without giving him an opportunity of being heard. It also means that, adjudicating authority must disclose all evidence and material placed before it in the course of hearing proceeding and must afford an opportunity to the person against whom the evidences are to be used to rebut it. Another rule of hearing is “he who hears should decide” or “one who decides must hear”.Q.Raman was removed from service of XYZ ltd which is a government company. Before removal he was given proper show cause notice and was heard by Principle secretary of Power ministry who was also a share holder in XYZ limited but did not have any controlling interest in the company. He owned 20% of share in the company. Raman before being removed was heard properly and all principles of natural justice related to notice and hearing were followed. Decide, whether his removal was valid or not.

Question numbers 1-35 consists of legal proposition(s)/ principle(s) (hereinafter referred to as principl e) and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles those are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability, even if the most reasonable conclusion arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.Q.Principle: The concept of natural justice is against bias and for the right to a fair hearing. While the term natural justice is often retained as a general concept, and it has largely been replaced and extended by the general duty to act fairly.Fact: X, a male employee of a company was dismissed by the employer just on the basis of a complaint by Y, a female employee of the company that X was trying to be too friendly with her and often requested her to accompany him to the canteen.Is the dismissal of X valid?

On 7th May 2020, a major leakage of Styrene gas was reported from the plasticsmanufacturing plant LG Polymers located on the outskirts of the Visakhapatnam city. The accident took place when the cooling system of a polymers plant got clogged due to the mismanagement of factory workers and resulted in turning the city into a gas chamber. The gas which leaked was styrene gas, which is a ‘hazardous chemical’ under Rule 2( e) plus Entry 583 of Schedule I of the Manufacture, Storage and Import of Hazardous Chemical Rules 1989.Principle 1: Polluter Pays PrincipleThe Doctrine of Polluter Pays is a well-established principle of environmental law, which places an obligation of compensating the damage to the people who ought to reimburse it and also have the capacity to disburse it. The principle explicitly affirms that the person who damages or destructs the environment has the absolute obligation to bear the cost of ameliorat ing the environment. In Enviro Legal Action v. Union of India case, the Apex Court of India held that the polluter is legally responsible to reimburse the individual sufferers as well as pay for the revitalization of the damaged environment. PrinciplePrinciple2: Principle of Strict Liability The principle of Strict Liability was established in the year 1868 in the case of Rylands v. Fletcher, where the Court held that any person who uses his/her land in an unnatural manner and who keeps any hazardous substance on such premises would be held liable under the principle of strict liability for any damage occurred on the escape of such perilous substance. However, the person is liable only when there is non-natural use of land; the principle also restricts liability when the escape is due to an act of strangers, Act of God, for example a natural calamity; due to the person injured or when it happens with the consent of the person injured or with statutory authority.Principle 3: Principle of Absolute LiabilityThe absolute liability is a stringent form of Strict Liability as it is devoid of any exceptions that were mentioned under the earlier principle. for the first time in the case of M.C. Mehta v. Union of India. This principle implies that whenever an enterprise is engaged in any dangerous or hazardous activity that threatens the people working in the enterprise and those living nearby, it owes an absolute and non-delegable duty to the community that no harm will be caused. If harm is indeed caused, the enterprise will have to compensate for damages, and can‘t use exceptions provided in the case of strict liability. The enterprise can‘t claim that the harm has not been caused due to negligence (absence of due care) or that it had taken all reasonable precautions.Q.A company ABC limited operates an industrial chemical plant in the city of Azadnagar. Due to an earthquake on July 22, 2020, the valves of the reactors in the plant get damaged due to which the operators could not properly transport the hazardous gas for chemical vaporisation, resulting in the gas leakage. The gas leakage resulted in the death of 12 workers of the plant and also some people living nearby the Plant. In this situation, in order to decipher the liability of ABC Limited, choose the best option

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Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual situation. Apply the principle to it and select the most appropriate answer for the question among the four choices given.LEGAL PRINCIPLE: When anyone uses his in property in such a manner as to cause damage to others, he commits the wrongful act of private nuisance.FACTUAL SITUATION: X and Y are the owners of adjoining flats. X leased his flat to R, an AIDS patient and activist. Fearing the spread of the disease, Y's tenant vacated his flat and since then, no tenant is ready to move in Y's flat. Y repeatedly requested to X to change his tenant, but it was of no use. Now Y has filed a suit against X for causing private nuisance.DECIDE.a)Y will win in the court as X has knowingly caused him financial loss.b)Y will fail in his case as X has a right to put his flat to any use as per his choice.c)Y's claim will fall as X could not be held responsible for wrong beliefs and notions of the people.d)Y will win the case as X did not to his repeated requests.Correct answer is option 'C'. Can you explain this answer?
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Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual situation. Apply the principle to it and select the most appropriate answer for the question among the four choices given.LEGAL PRINCIPLE: When anyone uses his in property in such a manner as to cause damage to others, he commits the wrongful act of private nuisance.FACTUAL SITUATION: X and Y are the owners of adjoining flats. X leased his flat to R, an AIDS patient and activist. Fearing the spread of the disease, Y's tenant vacated his flat and since then, no tenant is ready to move in Y's flat. Y repeatedly requested to X to change his tenant, but it was of no use. Now Y has filed a suit against X for causing private nuisance.DECIDE.a)Y will win in the court as X has knowingly caused him financial loss.b)Y will fail in his case as X has a right to put his flat to any use as per his choice.c)Y's claim will fall as X could not be held responsible for wrong beliefs and notions of the people.d)Y will win the case as X did not to his repeated requests.Correct answer is option 'C'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual situation. Apply the principle to it and select the most appropriate answer for the question among the four choices given.LEGAL PRINCIPLE: When anyone uses his in property in such a manner as to cause damage to others, he commits the wrongful act of private nuisance.FACTUAL SITUATION: X and Y are the owners of adjoining flats. X leased his flat to R, an AIDS patient and activist. Fearing the spread of the disease, Y's tenant vacated his flat and since then, no tenant is ready to move in Y's flat. Y repeatedly requested to X to change his tenant, but it was of no use. Now Y has filed a suit against X for causing private nuisance.DECIDE.a)Y will win in the court as X has knowingly caused him financial loss.b)Y will fail in his case as X has a right to put his flat to any use as per his choice.c)Y's claim will fall as X could not be held responsible for wrong beliefs and notions of the people.d)Y will win the case as X did not to his repeated requests.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual situation. Apply the principle to it and select the most appropriate answer for the question among the four choices given.LEGAL PRINCIPLE: When anyone uses his in property in such a manner as to cause damage to others, he commits the wrongful act of private nuisance.FACTUAL SITUATION: X and Y are the owners of adjoining flats. X leased his flat to R, an AIDS patient and activist. Fearing the spread of the disease, Y's tenant vacated his flat and since then, no tenant is ready to move in Y's flat. Y repeatedly requested to X to change his tenant, but it was of no use. Now Y has filed a suit against X for causing private nuisance.DECIDE.a)Y will win in the court as X has knowingly caused him financial loss.b)Y will fail in his case as X has a right to put his flat to any use as per his choice.c)Y's claim will fall as X could not be held responsible for wrong beliefs and notions of the people.d)Y will win the case as X did not to his repeated requests.Correct answer is option 'C'. Can you explain this answer?.
Solutions for Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual situation. Apply the principle to it and select the most appropriate answer for the question among the four choices given.LEGAL PRINCIPLE: When anyone uses his in property in such a manner as to cause damage to others, he commits the wrongful act of private nuisance.FACTUAL SITUATION: X and Y are the owners of adjoining flats. X leased his flat to R, an AIDS patient and activist. Fearing the spread of the disease, Y's tenant vacated his flat and since then, no tenant is ready to move in Y's flat. Y repeatedly requested to X to change his tenant, but it was of no use. Now Y has filed a suit against X for causing private nuisance.DECIDE.a)Y will win in the court as X has knowingly caused him financial loss.b)Y will fail in his case as X has a right to put his flat to any use as per his choice.c)Y's claim will fall as X could not be held responsible for wrong beliefs and notions of the people.d)Y will win the case as X did not to his repeated requests.Correct answer is option 'C'. 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 Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual situation. Apply the principle to it and select the most appropriate answer for the question among the four choices given.LEGAL PRINCIPLE: When anyone uses his in property in such a manner as to cause damage to others, he commits the wrongful act of private nuisance.FACTUAL SITUATION: X and Y are the owners of adjoining flats. X leased his flat to R, an AIDS patient and activist. Fearing the spread of the disease, Y's tenant vacated his flat and since then, no tenant is ready to move in Y's flat. Y repeatedly requested to X to change his tenant, but it was of no use. Now Y has filed a suit against X for causing private nuisance.DECIDE.a)Y will win in the court as X has knowingly caused him financial loss.b)Y will fail in his case as X has a right to put his flat to any use as per his choice.c)Y's claim will fall as X could not be held responsible for wrong beliefs and notions of the people.d)Y will win the case as X did not to his repeated requests.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual situation. Apply the principle to it and select the most appropriate answer for the question among the four choices given.LEGAL PRINCIPLE: When anyone uses his in property in such a manner as to cause damage to others, he commits the wrongful act of private nuisance.FACTUAL SITUATION: X and Y are the owners of adjoining flats. X leased his flat to R, an AIDS patient and activist. Fearing the spread of the disease, Y's tenant vacated his flat and since then, no tenant is ready to move in Y's flat. Y repeatedly requested to X to change his tenant, but it was of no use. Now Y has filed a suit against X for causing private nuisance.DECIDE.a)Y will win in the court as X has knowingly caused him financial loss.b)Y will fail in his case as X has a right to put his flat to any use as per his choice.c)Y's claim will fall as X could not be held responsible for wrong beliefs and notions of the people.d)Y will win the case as X did not to his repeated requests.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual situation. Apply the principle to it and select the most appropriate answer for the question among the four choices given.LEGAL PRINCIPLE: When anyone uses his in property in such a manner as to cause damage to others, he commits the wrongful act of private nuisance.FACTUAL SITUATION: X and Y are the owners of adjoining flats. X leased his flat to R, an AIDS patient and activist. Fearing the spread of the disease, Y's tenant vacated his flat and since then, no tenant is ready to move in Y's flat. Y repeatedly requested to X to change his tenant, but it was of no use. Now Y has filed a suit against X for causing private nuisance.DECIDE.a)Y will win in the court as X has knowingly caused him financial loss.b)Y will fail in his case as X has a right to put his flat to any use as per his choice.c)Y's claim will fall as X could not be held responsible for wrong beliefs and notions of the people.d)Y will win the case as X did not to his repeated requests.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual situation. Apply the principle to it and select the most appropriate answer for the question among the four choices given.LEGAL PRINCIPLE: When anyone uses his in property in such a manner as to cause damage to others, he commits the wrongful act of private nuisance.FACTUAL SITUATION: X and Y are the owners of adjoining flats. X leased his flat to R, an AIDS patient and activist. Fearing the spread of the disease, Y's tenant vacated his flat and since then, no tenant is ready to move in Y's flat. Y repeatedly requested to X to change his tenant, but it was of no use. Now Y has filed a suit against X for causing private nuisance.DECIDE.a)Y will win in the court as X has knowingly caused him financial loss.b)Y will fail in his case as X has a right to put his flat to any use as per his choice.c)Y's claim will fall as X could not be held responsible for wrong beliefs and notions of the people.d)Y will win the case as X did not to his repeated requests.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual situation. Apply the principle to it and select the most appropriate answer for the question among the four choices given.LEGAL PRINCIPLE: When anyone uses his in property in such a manner as to cause damage to others, he commits the wrongful act of private nuisance.FACTUAL SITUATION: X and Y are the owners of adjoining flats. X leased his flat to R, an AIDS patient and activist. Fearing the spread of the disease, Y's tenant vacated his flat and since then, no tenant is ready to move in Y's flat. Y repeatedly requested to X to change his tenant, but it was of no use. Now Y has filed a suit against X for causing private nuisance.DECIDE.a)Y will win in the court as X has knowingly caused him financial loss.b)Y will fail in his case as X has a right to put his flat to any use as per his choice.c)Y's claim will fall as X could not be held responsible for wrong beliefs and notions of the people.d)Y will win the case as X did not to his repeated requests.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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