Scribd Logo
Upload

Welcome to Scribd!

  • 54 views

    Dr. Ram Manohar Lohiya National LAW University, Lucknow.: Defences To Nuisance

    Uploaded by

    Gulafsha
    This document outlines the research methodology for a project on defences to nuisance in tort law. It will examine both effectual and ineffectual defences. The hypothesis is that legislative authority and prescriptive rights are effectual defences, while contributory acts of others and public good are ineffectual. Research questions address key defences like terms of grant, necessity, and consent. The objectives are to study defences to nuisance and examine the meaning, essentials, kinds and remedies of nuisance. Sources will include books by Ratanlal & Dhirajlal and P.S.A Pillai, as well as Westlaw India cases. The project will have chapters on background to nuisance, defences, and a conclusion.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Dr. Ram Manohar Lohiya National LAW University, Lucknow.: Defences To Nuisance

    Uploaded by

    Gulafsha
    54 views6 pages
    This document outlines the research methodology for a project on defences to nuisance in tort law. It will examine both effectual and ineffectual defences. The hypothesis is that legislative authority and prescriptive rights are effectual defences, while contributory acts of others and public good are ineffectual. Research questions address key defences like terms of grant, necessity, and consent. The objectives are to study defences to nuisance and examine the meaning, essentials, kinds and remedies of nuisance. Sources will include books by Ratanlal & Dhirajlal and P.S.A Pillai, as well as Westlaw India cases. The project will have chapters on background to nuisance, defences, and a conclusion.

    Original Title

    tort rd.docx

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document outlines the research methodology for a project on defences to nuisance in tort law. It will examine both effectual and ineffectual defences. The hypothesis is that legislative authority and prescriptive rights are effectual defences, while contributory acts of others and public good are ineffectual. Research questions address key defences like terms of grant, necessity, and consent. The objectives are to study defences to nuisance and examine the meaning, essentials, kinds and remedies of nuisance. Sources will include books by Ratanlal & Dhirajlal and P.S.A Pillai, as well as Westlaw India cases. The project will have chapters on background to nuisance, defences, and a conclusion.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    54 views6 pages

    Dr. Ram Manohar Lohiya National LAW University, Lucknow.: Defences To Nuisance

    Uploaded by

    Gulafsha
    This document outlines the research methodology for a project on defences to nuisance in tort law. It will examine both effectual and ineffectual defences. The hypothesis is that legislative authority and prescriptive rights are effectual defences, while contributory acts of others and public good are ineffectual. Research questions address key defences like terms of grant, necessity, and consent. The objectives are to study defences to nuisance and examine the meaning, essentials, kinds and remedies of nuisance. Sources will include books by Ratanlal & Dhirajlal and P.S.A Pillai, as well as Westlaw India cases. The project will have chapters on background to nuisance, defences, and a conclusion.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 6

    DR.

    RAM MANOHAR LOHIYA NATIONAL


    LAW
    UNIVERSITY, LUCKNOW.

    LAW OF TORTS-II
    FINAL DRAFT

    ON
    DEFENCES TO NUISANCE
    Under The Guidance of:
    Submitted by:-

    Kirti Singh
    Gulafsha
    Asst. Professor (Law)

    Rollno.62

    Dr. RMLNLU

    IV Semester

    Signature of Professor

    Signature of student

    TABLE OF CONTENTS

    1.

    Acknowledgement.................................................................................3

    2.

    Research Methodology..........................................................................4

    Statement of Problem..............................................4
    Hypothesis...............................................................4
    Research Questions.................................................4
    Sources....................................................................5
    Mode of citation......................................................5

    3.

    Introduction...........................................................................................5

    4.

    Tentative Chapterisation........................................................................6

    5.

    Bibliography..........................................................................................6

    ACKNOWLEDGEMENT

    I take this opportunity to express my profound gratitude and deep regards to my guide
    Assistant Professor Ms. Kirti Singh for her exemplary guidance, monitoring and constant
    encouragement to give shape to this project. The blessing, help and guidance given by her
    time to time shall carry me a long way in the journey of life on which I am about to embark.

    I also take this opportunity to express a deep sense of gratitude to my respected seniors who
    share their cordial support, valuable information and guidance, which helped me in
    completing this task through various stages.

    Lastly, I thank the almighty, my parents, brother, sisters and friends for their constant
    encouragement without which this assignment would not have been possible.

    Gulafsha

    RESEARCH METHODOLOGY

    1. STATEMENT OF PROBLEM
    The statement of problem is What are the defences to the torts of Nuisance?

    2. HYPOTHESIS
    Nuisance is a peculiar tort as it is one of strict liability. This means that once the damages and
    causation have been proven, it is no defence to argue that you'd taken all reasonable
    precautions. If a nuisance has been caused on the basis of legislative authority, there is no
    liability. Two other defences, closely related, are:

    where a statute provides that nuisances continuously committed for a certain period of

    time (e.g. 20 years) attain "prescriptive rights"; and


    where the plaintiff agreed, implicitly or explicitly, to the nuisance.

    We also have ineffectual defences which are as follows: Contributory act of others, Volenti
    non- fit injuria, Usefulness or Public good, Suitable Place etc.

    3. RESEARCH QUESTIONS

    What are the effectual defences in the tort of Nuisance?


    Are there any Ineffectual defences as well?
    Whether terms of grant a valid defence?
    Is necessity a defence to nuisance?
    Is consent a defence?
    Is authorization from plaintiff a defence?

    4. OBJECTIVE
    The objective of this project is to study the both effectual and ineffectual defences in torts of
    Nuisance. This project also deals with meaning, essentials, kinds and remedies of Nuisance.

    5. SOURCES
    BOOKS:

    1. Ratanlal & Dhirajlal, The law of torts.


    P. S. A. Pillai, Law of Torts.

    ENGLISH AUTHORITY:

    Westlaw India

    6. MODE OF CITATION
    The mode of citation is OSCOLA.

    INTRODUCTION
    The word nuisance is derived from the French word nuire, which means to do hurt, or to
    annoy. One in possession of a property is entitled as per law to undisturbed enjoyment of it.
    If someone elses improper use in his property results into an unlawful interference with his
    use or enjoyment of that property or of some right over, or in connection with it, we may say
    that tort of nuisance occurred. In other words, Nuisance is an unlawful interference with a
    persons use or enjoyment of land, or of some right over, or in connection with it . Nuisance
    is an injury to the right of a person in possession of a property to undisturbed enjoyment of it
    and result from an improper use by another person in his property. Stephen defined nuisance
    to be anything done to the hurt or annoyance of the lands, tenements of another, and not
    amounting to a trespass. According to Salmond, the wrong of nuisance consists in causing
    or allowing without lawful justification the escape of any deleterious thing from his land or
    from elsewhere into land in possession of the plaintiff, e.g. water, smoke, fumes, gas, noise.

    TENTATIVE CHAPTERISATION
    1. Background to Nuisance

    Introduction
    Essentials
    Kinds
    Remedies

    2. Defences

    Effectual
    Ineffectual

    3. Conclusion

    BIBLIOGRAPHY

    Ratanlal & Dhirajlal, The law of torts.


    Mark Lunney, Tort Law: Text and Materials.

    Online Sources:

    http://nuisances.uslegal.com/defenses/#sthash.d4Gj96CM.dpuf
    http://www.lawnix.com/cases/powell-fall.html

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy