Question -1 In the above said case the facts state that John the appellant who lives on the 1st floor of a three –storied building. During the summer time one of his neighbors named Mary who had installed an air conditioner which blew out hot air directly to John’s bedroom causing his bedroom to heat up during the night and causing trouble to the appellant. When he goes to complain to Mary he is answered by Mary who said it was of no concern to her which made John to take a legal action against Mary. The facts in the above case shows that it is a case nuisance to be precise it is private nuisance. In order to show that it is private nuisance it is to be showed that there must be an interference with the use or enjoyment of one’s land and it must be unreasonably done to cause harm to the plaintiff. In the case Mary had installed the Air conditioners vent which was facing directly to the bedroom in …show more content…
To prove that it is a case of private nuisance we have to how that there has been substantial interference in the work of the plaintiff due to acts done by the defendant which are done unreasonably. Here both the things are being proved with the help of the above stated facts which shows that the defendant was creating a private nuisance . In the case Leakey vs. National Trust the trust owned the land upon which there was a large pile of earth which gradually eroded by natural processes and was sliding upon the plaintiff’s property. It was held that an occupier should take reasonable steps to prevent or minimize the dangers to the neighbors. In the case McKinnon Industries vs. Walker the fumes from the defendant’s factory damaged the delicate orchids. It was held by the court that as the fumes had caused damage to the flowers of ordinary sensitivity there was private nuisance. Hence with the above stated cases it is clear that the plaintiff will be able to claim damages from the defendant for the nuisance caused by the