Principle An unlawful interference with a person rsquo s use or enjoyment of land or some right over...........

Legal Concepts Law of Torts

Principle: An unlawful interference with a person’s use or enjoyment of land, or some right over, or in connection with it, is a nuisance in law of tort.

Facts: 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 1 Kg. of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighbouring shops. The neighboring shopkeepers filed a suit for nuisance against the defendant. Which one of the following decisions will be correct in this suit?

The defendant is liable for nuisance

The defendant is not liable for nuisance

The defendant is liable under the principle of strict liability

The plaintiff’s suit should be decreed in favour of the neighbouring shopkeeper

Explanation:

Although the shopkeeper has not committed any wrongful act but indirectly his act was the cause of unlawful interference with other's use and enjoyment of land. Based on earlier decided case. The rationale is that there was no illegality in carrying out business in a manner in times of scarcity. Hence, the shopkeeper will be liable for nuisance