All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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83.

the smoke in fumes from A's chimney, which were interfering the comfort of B (A's neighbor), was found to constitute private nuisance. Which of the following options is the most accurate in light of the principle set out below?


Principle :

Remedy for private nuisance is by way of bringing an action for injunctive relief as well as damages.
A: Only an action for damages will lie.
B: Only an action for injunctive relief will lie.
C: Either an action for damages or an action for injunctive relief will lie.
D: Both, an action for damages, and an action for injunctive relief will lie.
E: Neither an action for damages nor an action for injunctive relief will lie.

The answer is: D

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Explanation

The most accurate option in light of the principle set out is:

D: Both an action for damages and an action for injunctive relief will lie.

Explanation:

The principle mentioned in the question states that the remedy for private nuisance is by way of bringing an action for injunctive relief as well as damages. In the scenario described, A's chimney is emitting smoke and fumes that interfere with the comfort of B, A's neighbor. This interference is considered a private nuisance.

Based on the principle, B has two possible remedies:

An action for damages: B can seek compensation for the harm and discomfort caused by A's smoke and fumes. This would involve seeking monetary compensation for the losses suffered due to the nuisance.

An action for injunctive relief: B can also seek an injunction, which is a court order that would require A to stop or mitigate the nuisance. In this case, it could involve requiring A to take measures to reduce or eliminate the emissions from the chimney to prevent further interference with B's comfort.

Therefore, both of these remedies are available to B, as per the principle. Option D accurately reflects this, stating that both an action for damages and an action for injunctive relief will lie in a case of private nuisance.