Legal Principles: (AILET 2019) 1. Private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or in connection with it. 2. A person liable if he can reasonable foresee that his acts would be likely to injure his neighbour. 3. The foreseeability of the type of damage is a prerequisite of liability in actions of nuisance. Facts: Bharat Sugar Ltd. operated a sugar refinery on the bank of the river Ravi. They had a jetty from which raw sugar would be offloaded from barges and refined sugar would be taken. The sugar would be take by large vessels and then transferred to smaller barges to enable them to get through the shallow waters. As part of development Bharat Sugar Ltd. wished to construct a new jetty and dredge the water to accommodate the large vessels. At the same time the State was constructing new ferry terminals. The design of the ferry terminals was such that it caused siltation of the channels. After using the channels for a short while. Bharat Sugar's large vessels were no longer able use them. Further dredging at the cost of ` 7,50,000 was required to make the channel and usable by the vessels. Bharat Sugar Ltd. brought an action in nuisance to recover the cost of the extra dredging. Is the State liable?

🎲 Try a Random Question  |  Total Questions in Quiz: 566  |  🧠 Study this quiz with Flashcards
This question is part of a full practice quiz:
Legal Aptitude Test — practice the complete quiz, review flashcards, or try a random question.

Each question consists of legal principle(s) (hereinafter referred to as 'principle') and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. You have to apply the principles to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. Remember: you must not rely on any principle except the principles that are given for every question.

Legal Principles: (AILET 2019) 1. Private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or in connection with it. 2. A person liable if he can reasonable foresee that his acts would be likely to injure his neighbour. 3. The foreseeability of the type of damage is a prerequisite of liability in actions of nuisance. Facts: Bharat Sugar Ltd. operated a sugar refinery on the bank of the river Ravi. They had a jetty from which raw sugar would be offloaded from barges and refined sugar would be taken. The sugar would be take by large vessels and then transferred to smaller barges to enable them to get through the shallow waters. As part of development Bharat Sugar Ltd. wished to construct a new jetty and dredge the water to accommodate the large vessels. At the same time the State was constructing new ferry terminals. The design of the ferry terminals was such that it caused siltation of the channels. After using the channels for a short while. Bharat Sugar's large vessels were no longer able use them. Further dredging at the cost of ` 7,50,000 was required to make the channel and usable by the vessels. Bharat Sugar Ltd. brought an action in nuisance to recover the cost of the extra dredging. Is the State liable?