Todays LR question: PRINCIPLE: Any act done by a person which interferes with the ordinary use and enjoyment of the land of another person amounts to nuisance. FACTS: A is a scientist who carries on experiments on rabbits and mice in his house. B has recently shifted into the house above As house, which hitherto had been lying vacant.B is a professional drummer and he often plays drums in his room during daytime. Bs room is situated directly above As laboratory. Due to the poor sound-proofing, the sound of the drums often perforates As ceiling. The animals being extra-sensitive to sound start behaving in a very aggressive manner whenever they hear the sound of the drums.A sues B for nuisance on the ground that the music played by B is interfering with As ability to carry out scientific experiments in his house. a) B is not liable for nuisance because it is As duty to sound-proof his house properly. b) B is liable for nuisance because drums are very noisy and any reasonable man would get annoyed. c) B is not liable for nuisance because he is a professional drummer and therefore, he needs to practise playing the drums. d) B is not liable for nuisance because he is not interfering with the ordinary use of As land. Yesterdays question: PRINCIPLE(I): The strict liability principle states that where a person, for his own purpose, brings on his land 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. (II) In a case of strict liability, the defendant may take the defence of plaintiffs own default FACTS: A keeps a snake in his garden secretly. A keeps the snake locked in a jar when he is away; Unknown to A, the snake has found a way of escaping through a crack in the jar. While A is away on a holiday, B (As neighbour) climbs the walls of As garden and starts plucking apples from As garden. Unfortunately for B, the snake had been sitting right on top of the apple tree and as soon as B starts plucking the apples, the snake bites B. B sues A for negligence. a) A is liable under the principle of strict liability because he should have ensured that the glass jar is not cracked. b) A is liable under the principle of strict liability because he should have disclosed to B that he keeps a snake in his garden. c) A is not liable because he can take the defence that B had been trespassing. d) B can successfully sue A for negligence because keeping snakes in ones house is illegal. Answer: (c) - This is because of the application of Principle II (Plaintiff the wrong-doer).
Posted on: Fri, 22 Aug 2014 07:28:05 +0000
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