CRITICAL ANALYSIS OF NUISANCE IN LAW OF TORTS

Registration ID: IJNRD_204297

Published ID: IJNRD2309185

DOI: Click Here to Get

Nandinee Todi

Nuisance, Uncodified, Unlawful interference

The purpose of the research paper is to deal with nuisance in law of torts, explain the essentials of it and compare the various types of nuisance namely public nuisance and private nuisance. A nuisance is committed by an individual when they act in an unlawful manner to prevent another person from using or enjoying their property or some other right they have. Public nuisance basically means the inconvenience caused to the society at large whereas private nuisance deals with a loss or harm suffered to a particular individual. It explains the development of nuisance over the period of time. It differentiates between the common meaning of nuisance and it’s definition in legal terms. It also focuses on the contrast between trespass and nuisance, the former deals with direct injury to land whereas the later consists of indirect injury. Even though there is no proper definition of nuisance per se , it can widely be understood through the courts’ interpretation over the time period. Earlier even small issues were regarded as nuisance, and thus the plaintiffs were rewarded with either damages or injunctions; but now a days the court considers while passing the judgement the surrounding scenarios too and conclude that small and trivial issues cannot be regarded as nuisance. Nuisance in tort law is a very important concept and it is different from negligence, it deals with the issues regarding peaceful enjoyment of one’s land. The bulk of the research paper analysis the different scenarios related to nuisance, and the court’s judgements and how the concept of nuisance has evolved over time . Both public and private nuisance have become major issues today, and therefore nuisance should be codified in a proper manner.

Published Paper   E-Certificate

Nandinee Todi (September-2023). CRITICAL ANALYSIS OF NUISANCE IN LAW OF TORTS. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 8(9), b745-b758. https://ijnrd.org/papers/IJNRD2309185.pdf

Volume 8 Issue 9, September-2023

Pages : b745-b758

Paper Reg. ID: IJNRD_204297

Published Paper Id: IJNRD2309185

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Research Area: Engineering

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Published Paper PDF: https://ijnrd.org/papers/IJNRD2309185.pdf

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