Mr. K is owner of a building containing a large number of rooms and had derived a considerable income by letting them. Mr. Y is owner of an adjacent cotton mill which erected after the occupation by Mr. K. Owing to noise and smoke of the mill several rooms remain vacated that results into loss for Mr. K. Examine relevant tort in the case.
- Damnum-sine-injuria
- Trespass to Land
- Nuisance
- Negligence
The Correct Option is C
Solution and Explanation
The situation described in the question constitutes nuisance. Nuisance is a tort that involves the unreasonable interference with another person’s use or enjoyment of their property. In this case, the noise and smoke from the cotton mill are interfering with Mr. K’s use and enjoyment of his property by making the rooms uninhabitable and reducing their rental value.
Top Questions on Law of Torts
Match List I (General Defences in Tort) with List II (Leading Cases) and select the correct answer:
List I List II i. Act of God 1. Nichols v. Marsland (1876) 2 Ex. D. 1 ii. Consent (Volenti non fit injuria) 2. Hall v. Brooklands Auto Racing Club (1933) 1 KB 205 iii. Statutory Authority 3. Vaughan v. Taff Vale Rail Co. (1860) 5 H & N 679 iv. Necessity 4. Kirk v. Gregory (1876) 1 Ex. D. 55 - AIBE - 2025
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Match List-I with List-II\[\begin{array}{|c|c|} \hline \textbf{Provision} & \textbf{Case Law} \\ \hline \text{(A) Strict Liability} & \text{(1) Ryland v. Fletcher} \\ \hline \text{(B) Absolute Liability} & \text{(II) M.C. Mehta v. Union of India} \\ \hline \text{(C) Negligence} & \text{(III) Nicholas v. Marsland} \\ \hline \text{(D) Act of God} & \text{(IV) MCD v. Subhagwanti} \\ \hline \end{array}\]
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