Is it correct that nuisance is a continuing wrong?

The word ‘nuisance’ itself connotes some continuity.  Temporary or isolated acts do not constitute tort of nuisance.  Therefore, nuisance is considered as a continuing wrong. A nuisance must be a state of affairs, however temporary, and not merely an isolated happening. But there are some exceptions to this. In certain cases, an isolated act may […]

Can an individual bring an action against a public nuisance?

No, an individual can bring an action against a public nuisance. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance- (1) He must show a particular injury to himself beyond that which is […]

What is a public nuisance?

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. 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 […]

What are the essentials to make a nuisance an actionable tort?

– The essentials of nuisance are:- (1) an unlawful act; (2) damage actual or presumed. Damaged actual or presumed is essential element for action on nuisance. Further, the damage must be substantial and not merely sentimental, speculative trifling, fleeting or evanescent. 

What is a nuisance?

The word “nuisance” is derived from the French word nuire, to do hurt, or to annoy. Nuisance has been defined to be anything done to the hurt or annoyance of the lands, tenements or hereditaments of another, and not amounting to a trespass. Blackstone describes nuisance (nocummentum) as something that “worketh hurt, inconvenience, or damage.”

What is the significance of the Law Reform (Contributory Negligence) Act, 1945?

 The common law rule that if the plaintiff’s or the deceased’s (in case of death) negligence contributed in some degree to the injury or death, the action failed, was illogical and its origin lay possibly in the procedural and pleading anomalies of the common law.  The reform in England came by legislation in the shape […]

Discuss the meaning of contributory negligence?

Contributory negligence is an expression which implies that person, who has suffered damage, is also guilty of some negligence and has contributed towards the damage. It is negligence in not avoiding the consequences arising from the negligence of some other person, when means and opportunity are afforded to do so. It is the non-exercise by […]