Question

Principle: Nobody shall make use of his property in such a way as to cause damage to others. Any such use constitutes a private nuisance, a wrongful act under Law of Torts.

Facts: Vasan was owing to a house, adjacent to a cluster of houses, owned by Varadan. Varadan was leasing out these houses whereas Vasan was living in his house. When Vasan was transferred to another place, he leased out his house to a person suffering from AIDS. Fearing the spread of AIDS, the tenants moved out of Varadan's houses. Varadan requested Vasan to evict AIDS patient and he offered to fix a suitable tenant for Vasan's house if the AIDS patient is evicted. But Vasan refused by arguing that AIDS would not spread as feared by Varadan's tenants. Varadan filed a suit against Vasan.

Options

• Varadan will win, because Vasan knowingly caused him financial damage

• Varadan will not win, because Vasan could lease his house to whomever he wanted

• Varadan will not win, because Vasan should not be held responsible for public mis-perception

• None of the above

Answer 1

Varadan will not win, because Vasan should not be held responsible for public misperception

Explanation:

Vasan cannot be held liable.Note according to CLAT  Pattern the answer should be d (answer to be marked with respect to the principle provided). As NLU Delhi does not follow CLAT pattern the answer according to NLU D is "Varadan will not win, because Vasan should not be held responsible for public mis-perception".