Question

Mr. K loses rental income because noise and smoke from a newly erected adjacent mill drive away tenants. Which tort best applies?

• A. Trespass to land
• B. Nuisance
• C. Negligence
• D. \textit{Damnum sine injuria}

Hint:

Noise/smoke affecting neighbours' enjoyment = classic private nuisance.

Answer 1

The Correct Option is B

Private nuisance is a substantial and unreasonable interference with the plaintiff's use or enjoyment of land—classically via noise, smoke, smell, or vibrations. The mill's emissions interfere with habitability and cause economic loss from vacant rooms. "Coming to the nuisance" is no defence here since the mill arose later. Hence nuisance is the apt classification.