Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Principle: An unlawful interference with a person's use or enjoyment of land or some right over, or in connection with it, is a nuisance in law of tort.

Facts: During the scarcity of onions, long queues were made outside the defendant's shop who has a license to sell fruits and vegetables used to sell only 1 kg of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers filed a suit for nuisance against the defendant.
Which one of the following decisions will be correct in this suit?

Options

• The defendant is liable for nuisance

• The defendant is not liable for nuisance

• The defendant is liable under the principle of strict liability

• The plaintiff's suit should be decreed in favour of the neighbouring shopkeeper

Answer 1

The defendant is not liable for nuisance

Explanation:

"The defendant is not liable for nuisance" is correct as the guiding principle states that there should be an unlawful interference with a person's use of enjoyment of land to be called muscadine in the law of test. In the case presented before us defendant is not liable for nuisance because he is not carrying any unlawful acting as he has a licence to sell fruits and vegetables.