AILET (All India Law Entrance Test) Legal-Aptitude: Questions 175 - 175 of 254

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Question 175

Appeared in Year: 2019

Question

MCQ▾

Legal Principles:

(1) Private nuisance is a continuous, unlawful arid indirect interference with the use or enjoyment of land, or of some right over or in connection with it.

(2) The person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.

(3) Generally, nuisances cannot be justified on the ground of necessity. Pecuniary interest, convenience, or economic advantage to a defendant.

Facts: Dr. Hemant had for 18 years operated a clinic and hospital for the treatment of ENT. Dr. Karan operated a renal clinic in which patients receive haemo-dialysis on the floor above the Dr. Hemant՚s clinic. The Karan was found liable for emitting from their clinic obnoxious fumes which escaped downwards into Hemant՚s clinic. Hemant, his stall and patients were found to have suffered substantial damage ranging from skin diseases, red and swollen eyes, headaches, lethargy and breathing difficulties. Decide whether Karan is liable?

Choices

Choice (4)Response

a.

Karan is liable for the damages caused to Hemant and his staff and patients.

b.

Karan is not liable as the work is a public welfare requires, e nuisance may be permitted for special purposes.

c.

Hemant cannot claim damages as he is voluntarily operating his clinic since a decade.

d.

Karan is not liable as he is running the clinic for 18 years and Hemant has not raised any issues earlier.

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