MCQ 22 Dec 2023

Daily practice questions for CLAT - (22 December 2023)



The word nuisance has been derived from the French word ‘nuire’, which means to hurt or to annoy. Ordinarily, nuisance means disturbances. According to Winfield, nuisance is incapable of exact definition. But for the purpose of the law of tort, it may be described as unlawful interference with a person’s use or enjoyment of land or of some right over, or in connection with it. Therefore, whoever causes unreasonable interference to the right of another over his property and space is causing nuisance. On the other hand, trespass to goods refers to the unintentional or intentional interference with the goods that are in the possession of others, without any lawful justification can be termed as trespass to goods. Unlike trespass to land, trespasses to goods are also wrong against the possession of goods. Hence, any direct physical interference with goods in somebody’s possession without lawful justification is called trespass of goods.

Question1:- Lavanya conducted Zumba lessons in her flat which was just above Karan’s flat. Kanak suffered from migraine, and the constant thud of people’s feet from the ceiling of her house gave her severe headaches. Kanak decided to sue Lavanya for nuisance. Will she succeed?
  • A. Yes, because Lavanya should consider Kanak’s illness. They are neighbours, after all, and should be considerate to each other. B. Yes, because Kanak is getting disturbed and her health is deteriorating because of the dance lessons being conducted by L. C. No, because Lavanya interference is not unreasonable. It is just that Kanak is a sensitive plaintiff. D. No, because India is a free country and Lavanya can do whatever she chooses to.
Answer is C is correct. Option C because it is not unreasonable interference to the right of another over his property and space. Hence, c is the correct option.
Question2:- K and L were residents of the Gokul Dham Society. L has been into the habit of practicing Zumba before sunrise each morning for the past 25 years. As she is slightly deaf, L plays her music system quite loudly each morning to help her practice. The loud noise emanating from her music system disturbs K who is woken up each morning due to the sound. After putting up with this for 25 years, K finally decides she can take it no more and decides to sue L for nuisance?
  • A. L is liable because her dance practice causes unreasonable interference with K’s sleep. B. L is liable because she could easily choose some other time of the day. C. L is not liable because she has been doing this for over 20 years, and has now acquired a prescriptive right to continue with it unchallenged. D. L is not liable because it is her wish as to what she wants to do inside her house.
Answer is A is correct. As L is slightly deaf, her volume of music is higher than normal. As stated in the passage, ‘Therefore, whoever causes unreasonable interference to the right of another over his property and space is causing nuisance’. She is liable because the conditions meet the elements of nuisance. Hence, A is the correct option.
Question3:- Karan purchased a car and sent it to a garage for repair. Vikas believing wrongly, that the car was his own, removed it from the garage?
  • A. Vikas cannot be held responsible for the trespass of goods, as he was under a wrong belief. B. Vikas can be held responsible for trespassing goods. C. Vikas has not committed any wrong. D. None of the above
Answer is B is correct. As stated in the passage, intention does not matter as ‘On the other hand, trespass to goods refers to the unintentional or intentional interference with the goods which are in the possession of others’. Vikas is guilty because there is direct physical interference with goods that were in possession of Karan irrespective of the fact from where it has been purchased. Hence, B is the correct option.
Question4:- Harsh, a con-man by profession, was sitting in his lawn with some stolen books by Dan Brown. Suddenly, his neighbor, Mohan, entered and tried to snatch away those books from him saying that they belonged to her. As it turns out, she was right. Still, Harsh sues Mohan for trespassing goods. Will he succeed?
  • A. Yes, because the books were in Harsh’s possession, and trespass is a tort against possession and not against ownership. B. Yes, because she should not snatch things just like that. It is bad manners. C. No, because she was the rightful owner of the books. D. No, because the books do not belong to Harsh and no matter whom they belong to, Harsh cannot sue.
Answer is A is correct. Option A is the correct answer because possession is the sole element of the trespass of goods. Hence, A is the correct option.

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