Question

Apply the legal principles to the facts given below and select the most appropriate answer:

Legal Principles:
1. Private nuisance is a continuous, unlawful and 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 Dr. Hemant’s clinic. Karan was found liable for obnoxious fumes emitting from the clinic which escaped downwards into Dr. Hemant’s clinic. Hemant, his staff 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?

Options

• Karan is not liable as the work is of public welfare and if required, a nuisance may be permitted for special purposes.

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

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

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

Answer 1

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

Explanation:

Karan is liable for the damages caused to Hemant and his staff and patients. Karan was found liable for obnoxious fumes emitting from the clinic which escaped downwards into Hemant’s clinic and caused damage to Hemant, his staff and the patients.