Question

Which among the following are covered under the defences of nuisance?

• A. (A), (B) and (D) only
• B. (A), (B) and (C) only
• C. (A), (B), (C) and (D)
• D. (B), (C) and (D) only

Hint:

In nuisance cases, defences such as adverse possession and easementary rights are commonly accepted, while voluntary harm is not.

Answer 1

The Correct Option is A

Step 1: Nuisance Defenses Explained.
- Adverse Possession: A long period of continuous land possession by the defendant can be a valid defense.
- Easementary Rights: The defendant's legal right of way or other easement can defend against nuisance claims.
- Good Faith: Acting in good faith, especially without intent to harm, can sometimes serve as a defense.
- Voluntary Harm: Typically not a valid defense, as the plaintiff's voluntary exposure to harm doesn't excuse the nuisance.
Step 2: Summary.
The correct answer includes options (A), (B), and (D) only.