Sagnik is a sitar player who often practices at home, and his room is largely sound proof. His neighbour, Bagul, is an old fellow with an extremely sensitive hearing condition – even the slightest of sounds affect his inner ear and destroy the balance. Once, as Sagnik was practicing at home, the sound of the sitar reached Bagul’s ears, he lost his balance and fell down, thereby injuring his knee badly. He sued Sagnik for damages.
Bagul was visibly sensitive, and thus Sagnik’s interference was reasonable.
Sagnik will be liable to pay since he was aware of his neighbour’s condition, but still persisted on playing the sitar.
Sagnik will not be liable since, he had sound-proofed his home, and thus had taken precautions to prevent the sound from affecting the neighbours.
None of the above.
Nuisance is the interference with the enjoyment of one’s property. Here, Sagnik has a right to play the sitar, which will not be negated by his neighbour’s poor health. ‘c’ has flawed reasoning, since nuisance does not rely on malice, and so, if his act was tortuous, he would be liable despite having taken the precautions. Hence the correct option is a.