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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Civil Law for Judiciary Exams  >  Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Judiciary Exams MCQ

Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective

Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective below.
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Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 1
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What is a key distinction between absolute liability and strict liability in legal terms?

Detailed Solution for Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 1
In legal terms, a significant difference between absolute liability and strict liability lies in the fact that under strict liability, the defendant is held accountable for any harm caused without the possibility of using defenses such as plaintiff's fault, act of god, third-party actions, or consent. This distinction emphasizes the rigorous responsibility placed on the defendant under strict liability laws.
Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 2
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What legal principle was refined by the Indian judiciary to address shortcomings in strict liability?

Detailed Solution for Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 2
The Indian judiciary refined the principle of absolute liability to address the limitations and exceptions that had crept into strict liability laws. This refinement aimed to uphold the core idea of holding individuals strictly responsible for negligence, aligning the legal framework with local conditions and ensuring accountability for harm caused.
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Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 3
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Which landmark case in India played a crucial role in introducing the principle of absolute liability?

Detailed Solution for Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 3
The case of MC Mehta v UOI in India played a pivotal role in introducing the principle of absolute liability. This case set a precedent by establishing the concept that individuals could be held strictly liable for any harm caused without the possibility of using certain defenses, marking a significant development in Indian legal history.
Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 4
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What was the primary objective behind refining the principles of absolute liability by the Indian judiciary?
Detailed Solution for Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 4
The primary objective of refining the principles of absolute liability by the Indian judiciary was to address the shortcomings that had emerged in the strict liability framework. By refining these principles, the judiciary aimed to ensure accountability for negligence and uphold the concept of holding individuals strictly responsible for any harm caused, thereby strengthening the legal framework in India.
Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 5
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What was the primary motivation behind the reformulation of the Rule of Rylands v Fletcher?
Detailed Solution for Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 5
The reformulation of the Rule of Rylands v Fletcher aimed to emphasize greater liability for individuals involved in hazardous activities. This stricter version of the rule sought to hold accountable those engaging in such activities by imposing a higher level of responsibility for any resulting damages.
Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 6
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What was the main objective of introducing a stricter version of the Rule of Rylands v Fletcher?
Detailed Solution for Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 6
The introduction of a stricter version of the Rule of Rylands v Fletcher aimed to emphasize greater liability for individuals engaged in hazardous activities. By imposing stricter consequences for those involved in such activities, the revised rule intended to enhance accountability and ensure that individuals take responsibility for the risks associated with their actions.
Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 7
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How did the need for a stricter version of the Rule of Rylands v Fletcher arise?
Detailed Solution for Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 7
The need for a stricter version of the Rule of Rylands v Fletcher emerged to rectify the issue of numerous exceptions present in the original rule. These exceptions undermined the effectiveness of the rule in holding individuals accountable, prompting the call for a stricter approach that would emphasize greater liability, particularly for those engaged in hazardous activities.
Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 8
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Who highlighted that the principle of strict liability, originating from Rylands v Fletcher, is outdated for the modern era?
Detailed Solution for Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 8
Justice Bhagwati emphasized that the rule of strict liability, which originated from Rylands v Fletcher, is outdated for the modern era. This observation underscores the evolution required in legal principles to keep pace with the advancements and complexities of contemporary industrial societies.
Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 9
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What was noted as inadequate for today's advanced industrial society by Justice Bhagwati in the M.C. Mehta case?
Detailed Solution for Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 9
Justice Bhagwati highlighted in the M.C. Mehta case that the rule of strict liability, established during a time when industrial progress was in its infancy, is inadequate for today's advanced industrial society. This recognition underscores the need for legal doctrines to evolve in response to the changing landscape of industrialization and societal complexities.
Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 10
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In which court case was the importance of adapting the old principle of strict liability to suit Indian circumstances emphasized?
Detailed Solution for Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 10
The Division Bench of Andhra Pradesh High Court, in the case of K. Nagireddi v. Union of India, stressed the importance of adapting the old principle of strict liability to suit Indian circumstances. This highlights the judicial recognition of the need to update outdated legal doctrines to align with contemporary societal needs.
Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 11
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What must enterprises engaged in inherently dangerous activities uphold?
Detailed Solution for Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 11

Enterprises involved in inherently dangerous activities, must uphold the highest standards of safety and security. This requirement is essential to mitigate risks associated with hazardous operations and to ensure the well-being of individuals and the environment. By maintaining stringent safety measures, these enterprises play a crucial role in preventing harm and maintaining accountability in case of any incidents.

Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 12
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What is one significant difference between the old rule of Rylands v. Fletcher and the new rule of absolute liability?
Detailed Solution for Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 12
The key difference between the old rule of Rylands v. Fletcher and the new rule of absolute liability lies in the presence of exceptions. While the old rule had certain exceptions, the new rule of absolute liability does not allow for any exceptions. This change ensures a more comprehensive and all-encompassing application of the principle, holding individuals strictly liable for hazardous activities without room for exceptions.
Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 13
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How does the scope of absolute liability differ from the old rule in terms of application?
Detailed Solution for Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 13
Unlike the old rule, which predominantly applied to land occupiers, the new rule of absolute liability has a broader scope of application. It now extends its coverage not only to land occupiers but also to non-occupiers of the land. This expansion ensures that liability for hazardous activities is not limited by land ownership or occupancy, holding all relevant parties accountable for potential harm.
Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 14
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What is a key characteristic of the scope of absolute liability under the new rule?
Detailed Solution for Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 14
One crucial aspect of the scope of absolute liability under the new rule is its extensive application without any exceptions. Unlike the previous rule that may have had certain carve-outs or exceptions, the new rule of absolute liability operates without such limitations, ensuring a comprehensive and all-encompassing approach to holding individuals accountable for hazardous activities.
Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 15
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In what way has the new rule of absolute liability expanded its coverage compared to the old rule?
Detailed Solution for Test: Absolute Liability: The Rule of Strict Liability in Indian Perspective - Question 15
The significant expansion in coverage under the new rule of absolute liability is that it now applies not only to land occupiers but also to non-occupiers of the land. This broadening of scope ensures that individuals beyond just land occupants can be held accountable for hazardous activities, promoting greater responsibility and ensuring a more comprehensive approach to addressing potential risks and harms.
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