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. The person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and if he does not do so, os rima facie answerable for all the damage which is the natural consequence of its escape. 3. Generally, nuisance cannot be justified on the ground of necessity, pecuniary interest, convenience, or economic advantage to a defendant. Facts: Dr. Hemant had for 18 years operated a clinic and hospital for the treatment of ENT. Dr Karan operated a renal clinic in which patients receive heamodialysis on the floor above the Dr. Hemant's clinic. The Karan was found liable for emitting from their clinic obnoxious fumes which escaped downwards into Hemant's clinic. Hemant his staff and patients were found to have suffered substantial damage ranging from skin diseases, ted and swollen eyes, headaches, lethargy and breathing difficulties Decide whether Karan is liable?

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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. The person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and if he does not do so, os rima facie answerable for all the damage which is the natural consequence of its escape. 3. Generally, nuisance cannot be justified on the ground of necessity, pecuniary interest, convenience, or economic advantage to a defendant. Facts: Dr. Hemant had for 18 years operated a clinic and hospital for the treatment of ENT. Dr Karan operated a renal clinic in which patients receive heamodialysis on the floor above the Dr. Hemant's clinic. The Karan was found liable for emitting from their clinic obnoxious fumes which escaped downwards into Hemant's clinic. Hemant his staff and patients were found to have suffered substantial damage ranging from skin diseases, ted and swollen eyes, headaches, lethargy and breathing difficulties Decide whether Karan is liable?






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