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  • Harry is a middle-aged banker residing on Bhukkad Street. Ron, who runs a furniture business, approaches Harry’s landowner to rent a flat from where they would conduct their business. The lan

Harry is a middle-aged banker residing on Bhukkad Street. Ron, who runs a furniture business, approaches Harry’s landowner to rent a flat from where they would conduct their business. The landowner stipulates that the new tenant must get the consent of the existing tenants in order to do so. Ron gets all the signatures, including Harry’s, and is allowed to set up shop. Within a couple of days, he shifts his workmen and materials into the flat, and they start building the furniture there itself. Harry is extremely unsettled by the noise, which lasts for almost 12 hours every day. Can he claim?

Option: 1

Harry should not have signed the papers knowing that Ron has a furniture business, and will now have no remedy.


Option: 2

Harry has no claim, since the workshop is a part of Ron’s business, to which he had consented.


Option: 3

Harry can successfully sue Ron, since he had merely consented to business in the ordinary sense of sale-and-purchase, and not to the workshop. Ron’s business became a nuisance only when it was converted into a workshop.


Option: 4

None of the above.


Answers (1)

best_answer

An act which has been consented to cannot later be claimed to be a nuisance. Hence the correct answer is c.

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Anam Khan

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