Ans: Trespass, is the direct physical interference with the plaintiff’s possession of the property through some material or tangible object whereas, in the case of a nuisance, it is an injury to some right of the possession of the property but not the possession itself. Trespass is actionable per se (actions which do not require allegations or proof), whereas, in the case of a nuisance, only the proof of actual damage to the property is required and is per se actionable. Simply entering on another individual’s property without the owner’s consent and without causing him any injury would be trespass whereas if there is an injury to the property of another or any interference with his enjoyment of the property, then it will amount to a nuisance. It is to be noted that if the interference with the use of the property is direct, then the wrong is trespass whereas if the interference with the use or enjoyment of the property is consequential then it will amount to a nuisance. Exa...
Ans: Strict liability was initially introduced in the case of Rylands v. Fletcher in 1868. The case was treated as an aspect of nuisance or a special rule of strict liability. The defendant, in order to improve his water supply, constructed a reservoir by employing reputed engineers. There was negligence on the part of contractors that they didn’t seal the mine shafts which they came across while constructing the reservoir due to which water flooded into plaintiff’s coal mine resulting into damage to the mines of the plaintiff. The plaintiff sued Fletcher for damages. The engineers were independent contractors and thus were not held liable. Justice Blackburn J. held the defendant liable by introducing the concept of strict liability which states that “The rule of law is that the person who, for his own purpose, brings on his land 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 is prima facie answerab...
Ans: There is no remoteness of damage in no fault tort and strict liability as well as absolute liability will be applicable in case of no fault tort. In all the torts, the concept of Injuria Sine Damno is applicable and the contravention of legal right is a subject rather than damages except in sovereign functions of state liability tort.
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