Question

PRINCIPLE: Nuisance as a tort (civil wrong) means an unlawful interference with a person's use or 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 1Kg of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighbouring shops. The neighbouring 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 suit should be decreed in his favour.

Answer 1

The correct option is B The defendant was not liable for nuisance.

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 not been satisfied. Hence, A will not be held liable.