NTA-NET (UGC-NET) Law (58) Law of Torts-Specific Torts Study Material (Page 2 of 3)

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Specific Tort: Nuisance

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Meaning

Nuisance as a tort means an unlawful interference with a person՚s use of property or enjoyment of land or anything in connection to it. Every person who is in possession of any property is entitled to its undisturbed enjoyment according to law. The interference can be in many ways, e. g. , noise, vibrations, smoke, water, gas etc. Nuisance is an injury to the right of a person possessing his property to undisturbed enjoyment of it.

Kinds of Nuisance

Nuisance is of two kinds:

  • Public or common nuisance
  • Private nuisance, or tort of nuis…

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Specific Tort: Trespass

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Trespass is the direct physical interference with the plaintiff՚s possession of land through some material or tangible objects. It includes the following torts:

Battery

  • For the wrong of battery, there should be intentional application of force to another person and the same should be without any lawful justification.
  • The amount of force doesn՚t matter. Even though the force used is very trivial and does not cause any harm, but then also the wrong is committed. Physical hurt need not be there.
  • Examples of use of force are, throwing of water, spitting on face, using of a stick, making a person fall by pulling his chair, etc.
  • It is essential that the use…

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