Test: Emerging Trends in Tort Law - CLAT PG MCQ

Absolute liability is a legal principle that holds defendants responsible for harm caused by their activities, regardless of the precautions taken. This concept emerged in significant cases, such as M.C. Mehta v. Union of India, where hazardous industries were held liable for environmental damage without the possibility of defending their actions. This principle underscores the importance of environmental protection and the accountability of polluters.

Trespass to chattels refers to the unauthorized interference with someone's personal property, which in the digital realm includes unauthorized access to data. This principle applies when a hacker breaks into a computer system, causing harm to the data owner. It highlights the legal recognition of digital property rights and the importance of data security.

Under strict liability, a plaintiff must demonstrate that a product was defective and that this defect directly caused harm. Unlike negligence, the plaintiff does not need to prove that the manufacturer failed to exercise reasonable care. This principle encourages manufacturers to ensure the safety of their products, as they can be held accountable even if they acted reasonably.

The Bolam test establishes that a medical professional is not negligent if their actions align with the practices accepted by a responsible body of medical professionals. This standard reflects the importance of professional consensus in defining acceptable medical practice and serves as a benchmark for evaluating the actions of healthcare providers in negligence claims.

AI-related torts encompass legal issues arising from the use of artificial intelligence, including accidents involving autonomous vehicles. As these technologies become more prevalent, questions of liability, negligence, and product defects in AI systems are increasingly relevant. The evolving nature of this area of law aims to address the complexities introduced by AI technologies in society.

Public Interest Litigation (PIL) is designed to enable individuals or groups to seek legal remedy on behalf of the public interest, especially in environmental issues. This mechanism allows for judicial intervention in cases that may not be pursued by individuals due to lack of resources or awareness, thereby enhancing legal access for environmental protection and public welfare.

Online defamation occurs when false statements are made about an individual or entity that harm their reputation, commonly seen in social media posts. This form of defamation can be actionable under tort law, reflecting the legal system's adaptation to addressing reputational harm in the digital age.

The "Polluter Pays Principle" mandates that those who pollute the environment should bear the costs associated with managing the pollution and restoring the affected areas. This principle is fundamental in encouraging accountability and ensuring that environmental harm is addressed by those responsible, thereby promoting sustainable practices.

Donoghue v. Stevenson is a landmark case in tort law that established the neighbor principle, which holds that a manufacturer owes a duty of care to the consumer. The case arose when a woman became ill from consuming a contaminated drink, leading to the recognition of product liability as a key area in tort law, influencing subsequent cases globally.

AI-related torts involve claims for harm resulting from the actions or failures of artificial intelligence systems. This emerging area of law addresses issues such as negligence in the design of AI technologies and potential product liability when AI systems cause damage, reflecting the complexities of technology in modern society.