Q # 11: Discuss the law of nuisance in detail.
1) Introduction
Nuisance is a wrongful act and it is actionable tort. It is the thing or act which may hurts or
annoyance or discomfort to others. If you have a problem where a neighbor is doing
something wrong that you feel is causing you a nuisance, you may wish to take some action
to try to stop it. In short, nuisance is a such act which legally has not been permitted to do in
any condition because it violations the freedom of the other
2) Meaning of Nuisance
The word nuisance has been derived from Latin word “nuis” which means to “do hurt” or
“to annoy”
3) Definition of nuisance
A nuisance is an act which interferes and violates the rights of others and it becomes cause
to hurt or annoyance to others
4) Essential elements of nuisance
Following are the necessary elements of the nuisance. Details are being given
1. Unlawful interference
In law of tort, unlawful interference is an essential element of nuisance, there must be
unlawful interference which must violate the right of others and it is a civil wrong
2. Damage
In law of tort, damage is an essential element of nuisance without damage a person
cannot sue someone. Damage means loss which a person suffers in result of wrong
done, loss may be of money, reputation, goodwill, health or service
3. Physical discomfort
In law of tort, physical discomfort is an essential element of nuisance, it means if a
person who is physically being teased by other will be called physical discomfort and can
sue against wrong doer
5) Kinds of nuisance
Following are the two kinds of nuisance. Details are as under
I. Private nuisance
II. Public nuisance
6) Definition of private nuisance
A private nuisance is an act which interferes with a person's enjoyment and use of his land
which has been legally recognized by the state.
7) Definition public nuisance
Public nuisance is an act which is affecting the public at large, with the interference of their
rights as health, safety of community etc
8) Remedies for nuisance
Following are the remedies for nuisance. Details are as under.
1. Abatement of nuisance
In law of tort, abatement of nuisance is an extra judicial remedy, if a person is
being irritated by an object in this case he has right to remove (abate) the nuisance
without the help of court
2. Damages
In law of tort, damage is the compensation of money to injured person by the
wrong doer through court of law is called damages
3. Injunction
In law of tort, an injunction is a court order which prohibits wrong doer from doing
something wrong in future again
4. Civil remedy
In law of tort, if someone is facing nuisance from others in this situation injured
person can take legal action against wrong doer in the shape of civil remedy
5. Criminal remedy
A person committing public nuisance, he can be sued under criminal law because
public nuisance is a criminal act
9) Defenses for nuisance
Following are the defense for nuisance. Details are as under.
1. Consent
Under law of tort in this situation injured person cannot sue, if the consent of the
injured person has been taken for nuisance. It is a best defense for defendant. But
consent should be free from undue influence.
2. Statutory authority
Under the law of tort. If a person is performing an act which is nuisance in its
nature on the behalf of statutory authority. It is a defense for defendant
3. Prescription
Under the law of tort, if defendant has acquired the right of easement through
prescription, so in this case injured person cannot sue against wrong doer
10) Difference between private and public nuisance
Following are the differences between private and public nuisances
1. As to violation
Private nuisance violates the individual rights
Public nuisance violates the public rights at large
2. As to injury
Private nuisance causes injury to an individual
Public nuisance causes injury to public at large
3. As to prosecution
In private nuisance a private person can prosecute
In public nuisance a private person cannot prosecute but lawyer
4. As to offence
Private nuisance is a civil wrong
Public nuisance is a criminal wrong
5. As to remedy
In private nuisance a remedy can be made by compensation
In public nuisance a remedy can be made by criminal prosecution
6. As to proof
In private nuisance proof of damage is required
In public nuisance proof of damage is not required
7. As to right
Private nuisance is relate to private right
Public nuisance is relate to public right
8. As to prescription
In private nuisance easement can be acquired by prescription
In public nuisance easement cannot be acquired by prescription
9. As to scope
The scope of private nuisance is less
The scope of public nuisance is wider
11) Conclusion
The public nuisance and the private nuisance are the kinds of nuisance. Nuisance is such
term according to which when someone hurts others by unlawful interference with the right
of other and enjoyment of use of land which causing damage. But private nuisance is not a
criminal act it is purely an act of tort but public nuisance is purely an act of criminal
proceedings
