RES exam question on Torts, Mortgages & Co-ownership: For a year Mr Wong's neighbour has run a metal workshop behind his house, with grinding…
For a year Mr Wong's neighbour has run a metal workshop behind his house, with grinding noise until midnight. Mr Wong, who owns and lives in the house, consults a salesperson before deciding whether to sell. Which of the following statements about his remedies in private nuisance are correct? (i) He may seek an injunction to restrain the continuing noise. (ii) He may claim damages for the interference he has already suffered. (iii) He must first obtain a criminal conviction against the neighbour for public nuisance before he may sue. (iv) Since he has put up with the noise for a year without suing, therefore he has lost his right to complain.
- A(i) only
- B(i) and (ii) only
- C(i), (ii) and (iii) only
- D(i), (ii) and (iv) only
Show answer & explanation
Answer
B. (i) and (ii) only
Explanation
Answer: (i) and (ii) only. An injunction and damages are both available, and neither a criminal case nor his delay is a bar.(i) True. An injunction is a remedy for nuisance and can restrain the continuing noise.(ii) True. Damages are a remedy for the interference he has already suffered.Rule: The remedies for nuisance are an injunction, damages, and the self-help remedy of abatement.Source: RESPrep /learn/property-torts-mortgages-co-ownership, current at 1 October 2026
Why the other options are wrong
- (iii) False. Private nuisance is a civil claim in its own right. No criminal process is a precondition.
- (iv) False. A year has passed, but putting up with a nuisance for a time is not consent to it. A continuing nuisance gives a fresh cause of action each day it goes on.
Study the concept behind this question: Property Torts, Mortgages & Co-ownership (Singapore)
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