Question

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 question among the four choices given.
LEGAL PRINCIPLE: Nuisance means an unlawful interference with a person's use or enjoyment of land. It includes interference with comfort, health and safety of the other.
FACTUAL SITUATION: A and B are neighbours in a residential locality of Delhi. They had cordial relations. A suddenly decided to run singing and dancing classes from his house. While running the classes, he used to play loud music. B has two school going children who were studying seriously as their examinations were approaching. B pleaded with A to tone down the loudspeakers, but the latter refused. B went to the court pleading nuisance. Can he succeed?

• A. Yes, because the principle against nuisance demands that the noise level should be such as not to disturb the neighbourhood.
• B. Yes, because to run business in a residential locality is illegal.
• C. No, because one is entitled to do whatever one wants in one's house.
• D. No, because under Article 19(1)(g) of the Constitution of India, every citizen has a right to freedom of trade or profession.

Answer 1

Answer: (A)

Yes, because the principle against nuisance demands that the noise level should be such as not to disturb the neighbourhood.

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. It should contain the following elements being unreasonableness on the part of the defendant; continuance of acts constituting nuisance for an unreasonable period; casual connection between defendant and nuisance complained of; and existence of injury or damage threat. In the above situation, all the elements have been satisfied. Hence, A will be held liable.