PRINCIPLE Nuisance as a tort Civil wrong means an unlawful interference with a person rsquo s use of...........

Legal Concepts Law of Torts

PRINCIPLE: Nuisance as a tort (Civil wrong) means an unlawful interference with a person’s use of enjoyment of land, or some right over, or in connection with it.

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 the highway and also caused some obstruction to the neighbouring shops. The neighbouring shopkeepers brought and action for nuisance against the defendant.

The defendant is liable for nuisance.

The defendant was not liable for nuisance.

The defendant was liable under the principle of strict liability.

The plaintiffs should be decreed in his favour.

Explanation:

The defendant did not create the nuisance himself, or do anything to cause it. He was a licensed seller, who was plying his trade as he would on any other day – he was not selling in other-than-ordinary quantities – “only 1 kg per ration card”. That there was a scarcity is circumstantial, and should not make his normal trading activity a nuisance.

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