The word nuisance has been derived from the French word ‘nuire’ which means, to hurt or to annoy. Ordinarily, nuisance means disturbances. In law of tort it may be described as unlawful interference with a person’s use or enjoyment of land or of some right over, or in connection with it.
Kinds of Nuisance
- Public Nuisance Tort
- Private Nuisance Tort
Public Nuisance
A public nuisance is an unreasonable, unwarranted, or unlawful interference with a right common to the general public. Simply speaking, a public nuisance is an act affecting the public at large or some considerable portion of it; and it must interfere with rights which members of the community might otherwise enjoy.
Thus acts which seriously interfere with the health, safety, comfort or convenience of the public generally or which tend to degrade public morals have always been considered a public nuisance.
Examples can be obstructing a public way by digging a trench. Carrying on trade which causes an offensive smell.
Private nuisance
A nuisance interferes with the right of a specific person or entity, it is considered a private nuisance. Unlike public nuisance, a private nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. The remedy in an action for private nuisance is a civil action for damages or an injunction or both and not an indictment.
Private nuisance was defined in Bamford v Turnley, where George Wilshere, 1st Baron Bramwell defined it as “any continuous activity or state of affairs causing a substantial and unreasonable interference with a (claimant’s) land or his use or enjoyment of that land”. Private nuisance, unlike public, is only a tort, and damages for personal injuries are not recoverable.
Kinds of Private nuisance –
Damage to property – In case of damage to property, any sensible injury will be sufficient to support an action. Nuisances of this class may arise from manufacturing works, chains, etc.
Physical discomfort – In the case of physical discomfort, the act complained of must be in excess of the natural and ordinary course of enjoyment of the property materially interfering with the ordinary comforts of human existence.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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