Answer & Solution
Answer: Option
D
Solution:
This question asks us to identify which action is NOT an example of nuisance in tort law.
Let's break down each option:
Option A: Playing music through loudspeaker in the night: This CAN be a nuisance. Loud noise at unreasonable hours can disrupt the peace and quiet of neighbors, interfering with their enjoyment of their property.
Option B: Creation of foul smell on one's land which reaches neighbour's residence: This CAN be a nuisance. Unpleasant smells drifting onto neighboring properties can significantly interfere with their comfort and enjoyment.
Option C: Construction of a flour mill on the ground floor, while the first floor is occupied by a tenant: This CAN be a nuisance. The noise and vibrations from a flour mill could disturb the tenant upstairs. This affects the tenants peaceful enjoyment.
Option D: Taking cattle on the field of the neighbour: This is NOT typically considered nuisance. It's a direct physical trespass to land. Nuisance generally involves an indirect interference with someone's use or enjoyment of their land. Taking cattle onto someone else's field is a direct act of trespass.
Therefore, the correct answer is Option D. It's an example of trespass, not nuisance.
