JAMIA MILLA ISLAMIA

TORT ASSIGNMEN

TOPIC - NUSIANCE

SUBMITTED TO – DR. FAZIAN UR RAHMAN SIR

SUBMITTED FROM - PRAJJAWAL UPADHYAY

B.A . LLB ( HONRS.) (S/F)

1st YEAR ( II SEMESTER)
ROLL NO. – 43
BATCH – 2019 – 2024

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INTRODUCTION
Nuisance, in law, a human activity or a physical condition that is harmful or offensive to others
and gives rise to a cause of action. A public nuisance created in a public place or on public land,
or affecting the morals, safety, or health of the community, is considered an offense against the
state. Such activities as obstructing a public road, polluting air and water, operating a house of
prostitution, and keeping explosives are public nuisances. A private nuisance is an activity or
condition that interferes with the use and enjoyment of neighbouring privately owned lands,
without, however, constituting an actual invasion of the property. Thus, excessive noise, noxious
vapours, and disagreeable odours and vibrations may constitute a private nuisance to the
neighbouring landowners, although there has been no physical trespass on their lands.

While a public nuisance, as such, is actionable only by the state, through criminal
proceedings, injunction, or physical abatement, the same activity or conduct may also create a
private nuisance to neighbouring landowners and thus result in a civil suit. The conduct of a
business in violation of a zoning ordinance creates a public nuisance, but it also may be
actionable as a private nuisance by neighbours who can prove a decrease in the market value of
their homes as a result.

Because a private nuisance is based upon interference with the use and enjoyment of land, it is
actionable only by persons who have a property interest in such land. If the interference merely
makes the use and enjoyment less comfortable, without inflicting physical damage to the land,
the courts consider the character of the neighbourhood to determine whether the activity or
condition is an unreasonable interference. An activity that causes physical damage to
neighbouring land, however, will be held to be an actionable nuisance irrespective of the
character of the neighbourhood. Such cases usually involve vibrations that cause walls to crack
or noxious vapours that destroy vegetation.

The legal remedies available in the case of a private nuisance are actions to enjoin the operation
or continuance of the activity or condition or to collect money damages. If the abatement of a
nuisance by injunction would impose an excessive hardship on the community (the closing of
factories that would deprive community workers of their livelihood), the usual practice of the
courts is to deny an injunction and award money damages for the injury suffered.

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HISTORICAL BACKGROUND

The meaning of the term nuisance has taken many different forms over the years and is often
very vague in its definition. In general, the term is characterized by a simple annoyance or hurt
caused by some person or thing. Historically, nuisance referred to the denial of someones rights
to use land. 

In the thirteenth century, the writ of nuisance was available to plaintiffs to take action against
those injuries which were committed wholly on the land of the defendant, but interfered with the
rights of the plaintiff. This was the beginnings of the modern day private nuisance. An extension
of private nuisance eventually gave rise to public nuisance as well. Any interference on the rights
of the public, or the rights of the crown, was considered to be a crime. 

These crimes first developed from wrongdoings on the property of a public highway, or other
public property. Because of the similarity between crimes against private property and public
property, these wrongdoings were also labelled as nuisances. The term became so widely used
that it began to describe all types of crime against the crown or against private citizens.

A private nuisance is primarily based on a civil wrong in which the rights of a private individual,
in which a wrongdoing has interfered with the plaintiff’s land. A public nuisance refers instead to
a crime which effects the rights of the public at large. It is a very broad term that encompasses
many different offenses. 

A public and private nuisance actually have very little comparison, except in name. The nature of
the offenses are actually very different, but they both include some kind of interference by the
wrongdoer that disturbs the plaintiff, or the public. In order for a defendant to be guilty of a
private nuisance, he must have substantially interfered with the right of a plaintiff’s enjoyment of
land. A public nuisance must effect the community in general. 

Absolute nuisances are nuisances for which the defendant is strictly liable. Certain activities are
so sure to cause a nuisance that they are labelled this way. Setting off fireworks in public, storing
flammable substances on one’s property, or even such things as extremely bad odors, will qualify
as absolute nuisance

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DEFINITION

Nuisance is one of the oldest cause of action known to the common law. Nuisance
signifies that the "right of quiet enjoyment" is being disrupted to such a degree that
a tort is being committed. Nuisance as a tort means an unlawful interference with a
person's use or enjoyment of land, or some right over, or in connection with it?.
Acts interfering with comfort, health or safety are the example of it. The
interference may be anyway, e.g., noise, vibration, heat, smoke, smell, fumes,
water, gas, electricity, excavation or disease producing germs. According to
Pollock "Nuisance is the wrong done to a man by unlawfully disturbing him in the
enjoyment of his property, or in some cases, in exercise of common right."
Nuisance should be distinguished from trespass. Trespass is a direct physical
interference with the plaintiff’s possession of land through some material or
tangible object. The points of distinction between Nuisance and Trespass are as
follows:- If interference is direct, the wrong is trespass, if it is consequential, it
amounts to nuisance. Planting a tree on another's land is trespass. But when a
person plants a tree over his own land and the root or branches project into the land
of another person that is nuisance; to allow stones from a ruinous chimney to fall
upon those premises is the wrong of nuisance.

Nuisance is of two type public nuisance and private nuisance. Public nuisance was
defined by English scholar Sir J. F. Stephen as, "An act not warranted by law, or an
omission to discharge a legal duty, which act or omission obstructs or causes
inconvenience or damage to the public in the exercise of rights common to all Her
Majesty's subjects". Private nuisance is the interference with the right of specific

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people. Nuisance is one of oldest cause of action known to the common law.
Nuisance signifies that the "right of quiet enjoyment" is being disrupted to such a
degree that a tort is being committed.

TYPES OF NUISANCE

Public nuisance- Public nuisance is a crime. Public nuisance is interference with the right of
public in general and is punishable as an offence. "A person is guilty of public nuisance who
does any act, or is guilty of an illegal omission, which cause any common injury danger or
annoyance to the public or the people in general who dwell or occupy property in the vicinity or
which must necessarily cause injury, obstruction or annoyance to person who may have occasion
to use any public right." Obstructing a public way by digging a trench, or constructing structures
on it are example of public nuisance. Although such obstruction may cause inconvenience to
many persons but may be hundreds of action for a single act of public nuisance. To avoid
multiplicity of suits, the law makes public nuisance only offence punishable under criminal law.
Civil right action is also available to the person who has suffered some special or particular
damage, different from what is inflicted upon public as a whole. Now the public nuisance, also
becomes a private nuisance. The expression "special damage" means damage caused to a party in
contradiction to the public at large." For example, digging trench on a public highway may cause
inconvenience to the public at large. No member of public, who is obstructed or has to take a
diversion along with others, can sue under civil law. But if anyone of them suffer more damage
than suffered by the public at large, e.g., is severely injured by falling into the trench, he can sue
in tort. In order to sustain a civil action in respect of a public nuisance, proof of special and
particular damage is essential. If the plaintiff cannot prove that he has suffered any special
damage more damage than suffered by the other members of the public, he cannot claim any
compensation for the same."

Private nuisance - It is a civil wrong which arise when there is interference in private right of
the person. It has following essential-

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 (i) Unreasonable interference
(ii) Interference in use of enjoyment of land
(iii) Damage

INJUNCTIVE RELIEF

If it is found that a defendant created a nuisance, he will be responsible for providing relief.
When the court issues an injunction, it requires the plaintiff to either start or stop doing a specific
action. In a nuisance case, the injunction usually requires the defendant’s behaviour to be put on
a restriction, such as limiting the number of hours in which he can participate in the behaviour,
or it can be prohibited entirely.

In obtaining injunctive relief, the plaintiff may also request a temporary restraining order which
will prohibit the defendant from engaging in the alleged nuisance until the courts have issue their
ruling. The court may then issue a permanent injunction; if the defendant violates this injunction
he will be subject to fines and possible imprisonment.

The courts consider several factors when determining whether the defendant has committed a
nuisance and whether the plaintiff is entitled to a remedy. The defendant’s actions must
considerably interfere with the plaintiff’s enjoyment of property and violate their right to
comfort. The courts will weigh the interests of both parties and consider whether the defendant
has made an attempts to minimize the alleged nuisance, or if the defendant has the means to do
so.

In order to be considered a nuisance, the defendant’s actions must be continuous over time and
not an infrequent occurrence. The situation in which the tort was committed is taken into
account, and may be dependent on characteristics of the area. If the defendant’s actions meet the
requirements of a nuisance, then the courts will issue some sort of remedy for the situation to
compensate the plaintiff.

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Remedies in Private Nuisance: Any intentional pollution or interference with real property
rights or a trespass into private property is actionable. For a plaintiff to claim absolute nuisance,
he must prove that the defendant’s actions were committed intentionally and not due to
negligence. In an intentional tort, the actor is aware that the consequences are very likely to
occur. Remedies for absolute nuisances include abatement and injunction as well as monetary
damages

Remedies in Public Nuisance: In a public nuisance, the defendant’s actions effect a large or
indefinite number of people, such as the community as a whole. When plaintiffs are effected by a
private or public nuisance, they have the right to seek relief for damages from the defendant.
Sometimes monetary damages are awarded in nuisance cases, but more often, it is equitable
damages. An injunction requires the defendant to permanently refrain from the nuisance activity,
or limit it to a certain time of day or amount of hours. Sometimes money damages are offered to
the plaintiff and the defendant is still permitted to engage in the activity.

DAMAGES
The damages may be offered in terms of compensation to the aggrieved party, these could be
nominal damages. The damages to be paid to the aggrieved party is decided by the statue and the
purpose of the damages is not just compensating the individual who has suffered but also making
the defendant realise his mistakes and deter him from repeating the same wrong done by him.

ABATEMENT

Abatement of nuisance means the removal of a nuisance by the party who has suffered, without
any legal proceedings. This kind of remedy is not favoured by the law. But is available under
certain circumstances.

This privilege must be exercised within a reasonable time and usually requires notice to the
defendant and his failure to act. Reasonable for may be used to employ the abatement, and the
plaintiff will be liable if his actions go beyond reasonable measures.

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