Question

Which among the following are covered under the defences of nuisance?

• A. (A), (B) and (D) only
• B. (A), (B) and (C) only
• C. (A), (B), (C) and (D)
• D. (B), (C) and (D) only

Hint:

In nuisance cases, defences such as adverse possession and easementary rights are commonly accepted, while voluntary harm is not.

Answer 1

The Correct Option is A

Step 1: Understand defences to nuisance.
- Adverse Possession: This defence applies when the defendant has been in continuous possession of the land for a long time and is generally accepted as a defence in nuisance cases.
- Easementary Rights: The defendant has a right of way or other easementary rights, which are recognised as defences in nuisance actions.
- Good Faith: Good faith can act as a defence in some nuisance cases, especially when the defendant can show that the action was not intended to harm others.
- Voluntary Harm: This is not typically a recognised defence in nuisance cases, as voluntary harm does not excuse the interference.

Step 2: Conclusion.
The correct answer is (A), (B) and (D) only.