Nuisance: Rights & Remedies

Towseef Ahmad

Abstract


The tort of nuisance is a breach of a right of being unlawfully annoyed, or disturbed in the amusement of land. It is an antique tort. It is an offshoot of the evolution of the tort of negligence which has grown to cover most liabilities. If an owner of a property can prove that another person unreasonably interferes with his use and enjoyment of the land or property, he can bring a successful cause of action against the defendant. The first question that the court will ask is whether the unreasonable interference emanates from the defendant’s breach. The act must be unreasonable with the use of enjoyment of land or property and it must ensue damage. Every interference is not a nuisance. These elements and causes of action are discussed within the paradigm arrangement of this flyer.


Keywords


Nuisance, Tort, Unreasonable interference, Breach and damages.

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References


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Bangia RK. Law of Torts: Compensation under The Motor Vehicles Act And Consumer Protection Laws. 18th edition. Allahabad Law Agency, 2005: 196.


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