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  • Dr. Acula, a dentist, resides next to a bakery, Floury’s, which uses industrial grade machines. He has been residing there for 23 years, and the bakery has been in place for 36 years. In orde

Dr. Acula, a dentist, resides next to a bakery, Floury’s, which uses industrial grade machines. He has been residing there for 23 years, and the bakery has been in place for 36 years. In order to cut costs, he shifts his chamber to his home. Due to the noise, it is extremely hard for the doctor to concentrate during the intricate procedures, and he had to send back patients and reschedule appointments. This causes him noticeable losses. He sues the bakery for damages. Will Dr. Acula succeed?

Option: 1

Dr. Acula will not succeed, since the facts clearly indicate that the activity has been conducted for more than 20 years, and thus, Floury’s has a prescriptive right.


Option: 2

Dr. Acula will succeed since, he has a right to practice in his house peacefully, without any interference from the bakery.


Option: 3

Dr. Acula will succeed, since the bakery’s acts became tortuous only when it interfered with the doctor’s enjoyment of his property, i.e., when he opened a chamber at his home.


Option: 4

Dr. Acula will not succeed, since the bakery was already conducting its business for 36 years, and the doctor was well aware of the noise it created.


Answers (1)

best_answer

Prescriptive right is a defence to a claim of nuisance, wherein the tortuous activity is taking place for more than 20 years without any objection from the claimant. The right of peaceful enjoyment is a very basic tenet of the tort of nuisance, but in this case, we are looking for a very specific reasoning, so ‘b’ will not be the answer. ‘d’ is not sound reasoning, since the doctor has an equal right of conducting his trade as the bakery, and the principle of first-come-first-serve does not apply here at all. Hence the correct option is c. 

Posted by

Rakesh

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