CLAT CLAT Solved Paper-2013

  • question_answer
    Principle An unlawful interference with a person's use or enjoyment of land or some right over, or in connection with it, is a nuisance in law of tort. Facts During the scarcity of onions, long queues were made outside the defendant' shop who having a license to sell fruits and vegetables used to sell only 1 kg of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighbouring shops. The neighbouring shopkeepers filed a suit for nuisance against the defendant. Which one of the following decisions will be correct in this suit?

    A)  The defendant is liable for nuisance

    B)  The defendant is not liable for nuisance

    C)  The defendant is liable under the principle of strict liability

    D)  The plaintiff's suit should be decreed in favour of the neighbouring shopkeeper

    Correct Answer: B

    Solution :

    Ans.  According to the principle, an unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it, is a nuisance in law of tort. In this case, defendant is not liable for nuisance because he was not carrying on any unlawful activity, as he had a license to sell fruits and vegetables.


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