Multiple choice

For an action of nuisance defendant can put up the following defence. (i) The place is suitable for the purpose. (ii) It is for the benefit of the residents of the locality. (iii) It is done under statutory authority. (iv) Plaintiff has consented to the act. Of the above statement:

  1. (i), (ii) and (iii) are correct

  2. (ii), (iii) and (iv) are correct

  3. (i), (iii) and (iv) are correct

  4. (iii) and (iv) are correct
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

For nuisance, statutory authority (iii) is a complete defense - if authorized by law, it cannot be nuisance. Consent by plaintiff (iv) is also a valid defense - volenti non fit injuria. However, 'suitability for purpose' (i) is NOT a defense - doing something suitable in the wrong place can still be nuisance. 'Benefit to residents' (ii) is NOT a defense - public benefit does not negate private nuisance.

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