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CS Executive · Jurisprudence, Interpretation and General Laws · Law of Torts

A factory owner in a residential locality runs machines through the night, producing continuous loud noise that disturbs neighbours' sleep. Neighbours sue for an injunction. Which classification best fits the wrong complained of?

It is private nuisance, because the continuous night noise unreasonably interferes with the neighbours' use and enjoyment of their land. Trespass requires direct physical intrusion, and defamation concerns reputation, so neither fits. Remedies include injunction and damages.

  1. APrivate nuisance, being an unlawful interference with use and enjoyment of landCorrect
  2. BTrespass to land, because sound waves enter the premises
  3. CDefamation, because the factory harms the neighbourhood's reputation
  4. DPublic nuisance only, so no private person can ever sue

Explanation

Continuous noise that unreasonably interferes with neighbours' comfortable enjoyment of their land is private nuisance. Trespass needs direct physical entry, not mere noise. A private person who suffers special damage can also sue even where a public nuisance exists, so the last option is wrong.

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