CHANAKYA NATIONAL LAW UNIVERSITY

A ROUGH DRAFT FOR PARTIAL FULFILLMENT OF

CONSTITUENTS OF TORT OF NUISANCE

SUBMITTED TO :-

MRS. SUSHMITA

LAW ASSOCIATE

SUBMITTED BY: NAME:

PRANAV RAJ COURSE:

B.B.A LL.B (Hons) ROLL NO:

2030
INTRODUCTION
Tort is a civil wrong which is not exclusively breach of contract or breach of trust. Nuisance
as a tort means an unlawful interference with a person’s use or enjoyment of land, or some
right, or in connection with it. Acts interfering with comfort, health, or safety is the examples
of it. Nuisance is generally a continuing wrong. A constant noise, smell or vibration is a
nuisance and an ordinarily an isolated act of escape cannot be considered to be a nuisance.
Trespass is sometimes confused with nuisance but the two are different. There are two kinds
of nuisance in law of tort. First, is the public nuisance which is interference with the right of
public in general and is punishable as an offence whereas a private nuisance is the wrong
against an individual.

To constitute tort of nuisance following essentials are required to be fulfilled:-

1. Unreasonable interference
2. Interference with the use of enjoyment of land
3. Damage

To determine accountability for an alleged nuisance the court will determine the above three
factors and then decide the liability.

RESEARCH QUESTIONS

1) What is tort of nuisance and what are its types?

2) How can nuisance and trespass be distinguished?
3) What kind of wrongful acts constitute the tort of nuisance?
4) Is there any specific constituents that determine the occurrence of nuisance?
5) What are the defences that are available to the defendants to escape the liability?

HYPOTHESIS
The researcher tends to hypothesise that “ Trespass is actionable per se but for nuisance,
special damage is to be proved as in trespass interference in direct and in nuisance its
consequential”

CHAPTERISATION
CHAPTER 1: INTRODUCTION TO TORT OF NUISANCE

PRIVATE NUISANCE
PUBLIC NUISANCE

CHAPTER 2: HOW IS NUISANCE DIFFERENT FROM TRESPASS?

CHAPTER 3: CONTITUENTS OF NUISANCE

UNREASONABLE INTEREFERENCE
INTEREFERENCE WITH THE USE OF ENJOYMENT OF LAND
DAMGE

CHAPTER 4: HISTORY AND THE CURRENT STANDING

CHAPTER 5: DEFENCES AVAILABLE IN TORT OF NUISANCE

CHAPTER 6: REMEDIES

CHAPTER 7: CONCLUSION

RESEARCH METHODOLOGY
Mostly doctrine sources and primary method of research was adopted in the making of this
project.

Few primary and secondary methods were used. Some literary works and books and articles
were referred and the internet through various websites was used extensively for the
collection of data which was required for the study needed for this research.

BIBLIOGRAPHY
The following sources were consulted by the researcher to complete this rough proposal;

Law Of Torts, written by Dr. R.K. Bangia, revised by Dr. Narender Kumar
Law Of Torts, written by Mayank Madhaw

WEBSITES:

https://www.clatapult.com/chapter-2-constituents-of-a-tort/
https://injury.findlaw.com/accident-injury-law/elements-of-a-negligence-case.html