DR.

RAM MANOHAR LOHIYA NATIONAL

LAW
UNIVERSITY, LUCKNOW.

LAW OF TORTS-II
FINAL DRAFT

ON
DEFENCES TO NUISANCE
Under The Guidance of:
Submitted by:-

Kirti Singh
Gulafsha
Asst. Professor (Law)

Rollno.62

Dr. RMLNLU

IV Semester

Signature of Professor

Signature of student

TABLE OF CONTENTS

1.

Acknowledgement.................................................................................3

2.

Research Methodology..........................................................................4

Statement of Problem..............................................4
Hypothesis...............................................................4
Research Questions.................................................4
Sources....................................................................5
Mode of citation......................................................5

3.

Introduction...........................................................................................5

4.

Tentative Chapterisation........................................................................6

5.

Bibliography..........................................................................................6

ACKNOWLEDGEMENT

I take this opportunity to express my profound gratitude and deep regards to my guide
Assistant Professor Ms. Kirti Singh for her exemplary guidance, monitoring and constant
encouragement to give shape to this project. The blessing, help and guidance given by her
time to time shall carry me a long way in the journey of life on which I am about to embark.

I also take this opportunity to express a deep sense of gratitude to my respected seniors who
share their cordial support, valuable information and guidance, which helped me in
completing this task through various stages.

Lastly, I thank the almighty, my parents, brother, sisters and friends for their constant
encouragement without which this assignment would not have been possible.

Gulafsha

RESEARCH METHODOLOGY

1. STATEMENT OF PROBLEM
The statement of problem is What are the defences to the torts of Nuisance?

2. HYPOTHESIS
Nuisance is a peculiar tort as it is one of strict liability. This means that once the damages and
causation have been proven, it is no defence to argue that you'd taken all reasonable
precautions. If a nuisance has been caused on the basis of legislative authority, there is no
liability. Two other defences, closely related, are:

where a statute provides that nuisances continuously committed for a certain period of

time (e.g. 20 years) attain "prescriptive rights"; and

where the plaintiff agreed, implicitly or explicitly, to the nuisance.

We also have ineffectual defences which are as follows: Contributory act of others, Volenti
non- fit injuria, Usefulness or Public good, Suitable Place etc.

3. RESEARCH QUESTIONS

What are the effectual defences in the tort of Nuisance?

Are there any Ineffectual defences as well?
Whether terms of grant a valid defence?
Is necessity a defence to nuisance?
Is consent a defence?
Is authorization from plaintiff a defence?

4. OBJECTIVE
The objective of this project is to study the both effectual and ineffectual defences in torts of
Nuisance. This project also deals with meaning, essentials, kinds and remedies of Nuisance.

5. SOURCES
BOOKS:

1. Ratanlal & Dhirajlal, The law of torts.

P. S. A. Pillai, Law of Torts.

ENGLISH AUTHORITY:

Westlaw India

6. MODE OF CITATION
The mode of citation is OSCOLA.

INTRODUCTION
The word nuisance is derived from the French word nuire, which means to do hurt, or to
annoy. One in possession of a property is entitled as per law to undisturbed enjoyment of it.
If someone elses improper use in his property results into an unlawful interference with his
use or enjoyment of that property or of some right over, or in connection with it, we may say
that tort of nuisance occurred. In other words, Nuisance is an unlawful interference with a
persons use or enjoyment of land, or of some right over, or in connection with it . Nuisance
is an injury to the right of a person in possession of a property to undisturbed enjoyment of it
and result from an improper use by another person in his property. Stephen defined nuisance
to be anything done to the hurt or annoyance of the lands, tenements of another, and not
amounting to a trespass. According to Salmond, the wrong of nuisance consists in causing
or allowing without lawful justification the escape of any deleterious thing from his land or
from elsewhere into land in possession of the plaintiff, e.g. water, smoke, fumes, gas, noise.

TENTATIVE CHAPTERISATION
1. Background to Nuisance

Introduction
Essentials
Kinds
Remedies

2. Defences

Effectual
Ineffectual

3. Conclusion

BIBLIOGRAPHY

Ratanlal & Dhirajlal, The law of torts.

Mark Lunney, Tort Law: Text and Materials.

Online Sources:

http://nuisances.uslegal.com/defenses/#sthash.d4Gj96CM.dpuf
http://www.lawnix.com/cases/powell-fall.html