Shanto-Mariam University of Creative Technology
Department of Law
Course Name: Law of Tort
Course Code: LLB-2101
An assignment on ‘Interference with the Right of Enjoyment: Nuisance.
Submitted To
Adv. Rubiyath Chowdhury Afifa
Lecturer
Department of Law
Submitted By
Name: MD ROKON UDDIN
ID: 232461055
Batch: 34th
Semester: 3rd
Department: Law
Date of submission: 17-01-2025
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Introduction
The word nuisance is derived from the French word nuire, which means to hurt or to annoy
Nuisance is a significant concept within the law of torts, addressing the interference with an
individual's enjoyment of their property or the public's right to use and enjoy public spaces.
Understanding nuisance is crucial for both property owners and those seeking to protect their
rights against unreasonable interference.
Definition
According to Black Stone, Nuisance is something that causes damage, inconvenience and
annoyance to the plaintiff.
Sir Federick Pollock has defined nuisance as a wrong done to a person by unlawfully disturbing
him in the enjoyment of his land, or in some cases in the exercise of a common right.
The interference may be by way of noise, vibrations, heat, smoke, smell, fumes, water, gas,
electricity, excavation or disease producing germs etc.
Any unlawful interference with the health, safety or comfort may amount to nuisance.
E.g., Pollution by oil; noxious/harmful fumes; offensive smell from premises used by animals;
noise from industry; high volume of loudspeakers etc.
Dr. Salmond defines nuisance as a wrong which causes or allows without lawful justification, the
escape of any harmful thing from a person’s land or from elsewhere into land in possession of
plaintiff
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Distinguishing Nuisance from Trespass
While nuisance and trespass share the requirement of demonstrating possession of land by the
plaintiff, they diverge in their directness and consequences. Trespass involves physical
interference with possession, whereas nuisance encompasses consequential interference.
For instance, planting a tree on another's land constitutes trespass, whereas allowing branches or
roots to encroach upon neighboring land constitutes nuisance.
Forms of Interference
Trespass primarily involves interference with possession, whereas nuisance extends to
interference with the use or enjoyment of land. This interference in nuisance cases can occur
without directly affecting possession; for instance, emitting offensive odors or noise from one's
land may constitute nuisance to neighbors.
Kinds of Nuisance
The law recognizes two primary types of nuisances:
1. Private Nuisance
2. Public Nuisance
1. Private nuisance
Definition
Private nuisance is that kind of nuisance in which a person's use or enjoyment of his property is
ruined by another.
Elements of private nuisance
Unreasonable or unlawful interference: The interference must be substantial and
unreasonable.
Damage: The interference must cause damage to the owner or occupier of the land.
Foreseeability: The defendant must have reasonably foreseen that their actions would
cause a nuisance.
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Case Law Example
In the case of rose v. Miles (1815) 4M & S. 101 the defendant had wrongfully obstructed a
public navigable creek which obstructed the plaintiff from transporting his goods through the
creek due to which he had to transport his goods through land because of which he suffered extra
cost in the transportation. It was held that the act of the defendant had caused a public nuisance
as the plaintiff successfully proved that he had incurred loss over other member of the society
and this he had a right of action against the defendant. A nuisance may be in respect of either
property or physical discomfort
2. Public Nuisance:
A public or common nuisance is unlawful act or omission which endanger the lives, safety,
health, Property or comfort of the public or by which the public are abstracted in the exercise of
some right which is common to all members of the community.
E.g.: obstruction of a highway; public inn etc.
Case Law Example
Attorney General versus the Pya quarries: A 1957 case that defined public nuisance as an act
that materially affects the reasonable comfort and convenience of life of a class of people.
Relevant laws
Penal Code, 1860
Section 268 of the Penal Code defines public nuisance as an act that causes injury,
danger, or annoyance to the public
Bangladesh Environment Conservation Act, 1995
An act that provides an administrative mechanism to remove public nuisance in the form
of environmental pollution
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Remedies for Nuisance
Judicial Remedies:
o Injunction:
Court order to stop the nuisance-causing activity.
Preventive measures to halt ongoing interference.
o Damages:
Monetary compensation for harm caused.
Can be:
Compensatory damages
Nominal damages
Exemplary (punitive) damages
Equitable Remedies:
o Specific performance
o Mandatory injunctions
o Prohibitory injunctions
Defenses to Nuisance Claims
Defendants in nuisance cases may raise several defenses, including:
o Consent: If the plaintiff consented to the activity causing the nuisance, this may
serve as a defense.
o Coming to the Nuisance: If the plaintiff moved to the area knowing about the
nuisance, this may weaken their claim.
o Public Benefit: If the activity serves a public benefit, it may be considered
reasonable despite causing some inconvenience
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Differences between Public nuisance and Private nuisance:
1) Public and Private Damage: In public nuisance a group of people or commodity
becomes harmful but in case of private nuisance a particular person or person’s damage
happens.
2) Civil and Criminal: Public nuisance though it creates tortuous liabilities but it often
creates criminal offence. Private nuisance is just only a tort.
3) Remedy: In case of public nuisance remedy is also punishment.
But in private nuisance: compensation, injunction or removal.
4) Prescription: Apart from prescription private nuisance may be legalized by the
authority. But public nuisance is never legalized on the ground of prescription.
Conclusion
Nuisance is a complex area of tort law that balances individual property rights against the rights
of others to enjoy their property and public spaces. Understanding the nuances of private and
public nuisance, along with the legal standards and defenses, is essential for individuals and
entities involved in property disputes. As society evolves, so too will the interpretations and
applications of nuisance law, making it a continually relevant topic in legal discussions.
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