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Question
PRINCIPLE Nuisance is the interference in the enjoyment of the property.
FACTS Pizzeria, a small cafeteria selling namesake used to run a wood-fired oven. The resulting smoke caused a lot of smoke in the neighbourhood and there were a number of complaints from the locals who had not witnessed such an oven. The food inspector taking cognizance of these reports asked the restaurant to shut down the oven. The owner who had earlier ran a similar establishment in Italy did not comply. Is Pizzeria committing a nuisance?
Options
It shall not be a nuisance as the oven was a common occurrence in Italy
It shall be a nuisance as the oven was emitting smoke continuously in the neighbourhood
There shall be no nuisance as there were no complaints from customers
There shall be a nuisance as there were a large number of complaints
Solution
It shall be a nuisance as the oven was emitting smoke continuously in the neighbourhood
