SYNOPSIS

SUBJCT: LAW OF TORTS

TOPIC: "Private Nuisance under Law of Torts"

Submittd to:

Submitted by:

Kirti Singh

Aditya Joshi

Asstt. Prof. (Law)

Roll No. : 13

Dr. RMLNLU, Lucknow

IVth Smstr
B.A. LL.B. (Hons.)
Dr. RMLNLU , Lucknow

Section- A

STATEMENT OF THE PROBLEM

The project is aimed at analysing the application of law of torts to the wrong of nuisance in
light of case laws. It will also include the analysis of various kinds of damages that can be
claimed against such a tort. This will be the statement of problem for my project.

OBJECTIVE:
This research paper will be focusing on Nuisance broadly on the Private Nuisance. Private
nuisance is one in which injures a private person exclusively and he must show special
damage which in excess of the public inconvenience. This paper critically analysis the private
nuisance in the realm of the torts law.

SCOPE
The scope of the project is to study the very concept of private nuisance in law of torts.
Apart from books, numerous web sources have been referred to during this project.
Analysis of the case laws also lies within the scope of this project.

RESEARCH QUESTIONS
1. What is the need for having provisions of nuisance under law of torts?
2. How can a person who has suffered nuisance be compensated?
3. Why are exemplary damages awarded in very few cases?

TENTATIVE CHAPTERISATION

TYPES OF NUISANCE: AN INTRODUCTION

Nuisance is broadly classified under two heads, i.e., public nuisance and private nuisance.
While the wrongful act of public nuisance is penal in nature as it is covered under the
provisions of Indian Penal Code, the wrongful act of private nuisance is actionable under the
law of torts. It is interesting to see as to what acts are covered under private nuisance and
what acts shall fall within the ambit of public nuisance.

PRIVATE NUISANCE UNDER THE LAW OF TORTS: A CRITICAL

ANALYSIS
The most interesting aspect of nuisance is that there are no objective or statutory tests to
determine as to what acts are covered under the private nuisance. In such a case, the decision
has to be made on a case to case basis. Thus, a critical approach is mandated for analysing the
scope of such acts; as to the very correctness of the determination.

DAMAGES

AVAILABLE

AGAINST

THE

TORT

OF

PRIVATE

NUISANCE
Damages are awarded by the court in the form of as a pecuniary compensation to the plaintiff
for the loss suffered due to defendants wrongful act. Most of the cases in torts are confined
to the granting of damages, and thus damages constitute the most important part in cases of
tortuous liability. Damages can be further classified as:1.
2.
3.
4.

Contemptuous damages
Nominal damages
Ordinary damages
Exemplarydamages

CONCLUSION
Conclusion will be given in the final draft, after detailed analysis of the project.

MODE OF THE CITATION

The mode of the citation for this research paper will be uniform form of ctation.

RESEARCH METHODOLOGY
Research methodology would be same as it should be that is from primary sources and
secondary sources, I would refer books, journals in the primary sources and internet for the
secondary use.