Which case resulted in the creation of the absolute liability principle?
A. Ryland v Fletcher
B. Oleum gas leak case 1986 รจ
C. Bhopal gas leak case
D. Vellore Citizens Welfare Forum v. Union of India
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The absolute liability principle:
The rule of absolute liability was evolved in
the case of M.C. Mehta v Union of India. This was a very important landmark
judgment that brought in a new rule in the history of the Indian Law. The rule
held that where an enterprise is engaged in a hazardous or inherently dangerous
activity and it harm results to anyone on account of an accident in the
operation of such hazardous or inherently dangerous activity resulting, the
enterprise is strictly and absolutely liable to compensate to all those who are
affected by the accident.
What is Absolute Liability?
If an industry or enterprise is engaged in
some inherently dangerous activity from which it is deriving commercial gain
and that activity is capable of causing catastrophic damage then the industry
officials are absolutely liable to pay compensation to the aggrieved parties.
The industry cannot plead that all safety measures were taken care of by them
and that there was negligence on their part. They will not be allowed any
exceptions neither can they take up any defence like that of Act of God' or Act
of Stranger'
In M.C. Mehta v Union of India, In the city of
Delhi, there was severe leakage of oleum gas on the 4th and the 6th of
December, 1985. This took place in one of the units of Shriram Foods and
Fertilizers Industries belonging to the Delhi Cloth Mills Ltd. due to this, an
advocate practicing in the Tis Hazari Court had died and many others were
affected by the same. The action was brought through a writ petition by way of
public interest litigation (PIL).
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Recently in which case, the rule of absolute liability was applied?
A. Visakhapatnam gas leak case: LG Polymers
B. M.C. Mehta vs. Union of India ===>
C. Naresh Dutt Tyagi v State of UP
D. Vellore Citizens Welfare Forum v. Union of India
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