Question

Mr. K is the owner of a building containing a large number of rooms and had derived a considerable income by letting them. Mr. Y is the owner of an adjacent cotton mill which was erected after the occupation by Mr. K. Owing to noise and smoke from the mill, several rooms remain vacated, resulting in loss for Mr. K. Examine the relevant tort for the case.

• A. Nuisance
• B. Negligence
• C. Damnum sine injuria
• D. Trespass to land

Hint:

Nuisance occurs when someone’s lawful use of property interferes with another’s right to enjoy their property. Common examples include noise, pollution, and smoke.

Answer 1

The Correct Option is A

Step 1: Understanding the scenario.
Mr. K suffers a loss due to the noise and smoke generated by Mr. Y’s cotton mill. The interference affects the enjoyment and use of Mr. K’s property and causes a decline in income. Such interference constitutes a violation of the right to peaceful enjoyment of property.
Step 2: Identifying the tort.
This situation corresponds to the tort of private nuisance, where an individual’s lawful use of their property unreasonably interferes with another person’s use or enjoyment of their property.
Step 3: Supporting legal principle.
Nuisance involves continuous, indirect interference such as noise, smoke, or vibrations. It is distinct from negligence or trespass because it does not necessarily involve direct physical invasion or lack of due care.
Step 4: Conclusion.
Therefore, the case represents the tort of nuisance, as Mr. Y’s mill activities have interfered with Mr. K’s enjoyment and profitability of his property.