The Nuisance of Neighbours

torts general beginner law_vs_life

Abhi, every time my neighbour's dog starts barking nonstop at 6 am, I think of Section 90 of the Indian Contract Act, which states "an agreement not to be enforced by law is one which... if it contains a promise, the promiser shall be entitled to be absolved from liability under that promise by proving that it was made under a misconception of fact." But you know what's more relevant here? The Public Nuisance section of the Law of Torts (Section 88). I mean, can't my neighbour just take care of that pesky pup, or else it's a nuisance and I'll take them to court!

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