The principle of strict liability was established in the case of ___ v. ___.

Rylands v. Fletcher

True or False: Absolute liability includes exceptions found in strict liability.

False. Absolute liability does not consider exceptions present in strict liability.

List two essential conditions for strict liability to apply.

Dangerous substances must escape from the premises, and there must be a non-natural use of land.

The Public Liability Insurance Act was enacted in which year?

1991

Fill in the blank: The test of remoteness focuses on whether the consequences of a wrongful act are ___ or ___.

Proximate, remote

What is the significance of the Wagon Mound case in tort law?

It reaffirmed the test of reasonable foresight for determining liability.

True or False: A defendant can be held liable for all consequences of their negligent act, regardless of foreseeability.

False. Liability depends on whether the consequences were foreseeable.

In the context of strict liability, what is meant by 'escape'?

Escape refers to a dangerous substance leaving the premises and being beyond the control of the defendant.

Fill in the blank: The essential element of ___ use is a requirement for strict liability claims.

Non-natural

What role does the test of directness play in determining liability?

It establishes that a person is liable for all direct consequences of their act, regardless of foreseeability.

Name one exception to the rule of strict liability.

Plaintiff's fault or Act of God.

Fill in the blank: The principle of absolute liability emerged from the case of ___ v. ___ in India.

MC Mehta v. Union of India

What does the term 'inherently dangerous activity' imply in the context of liability?

It refers to activities that pose a risk of significant harm to people or property, leading to strict liability.

True or False: The test of reasonable foresight is no longer relevant in determining liability.

False. It is still an important test for assessing remoteness of damages.

According to the test of reasonable foresight, when can consequences be considered not too remote?

When they could have been foreseen by a reasonable person in the circumstances of the wrongdoer.

What is the primary purpose of the Public Liability Insurance Act?

To provide immediate relief to victims of accidents involving hazardous substances.

Fill in the blank: The concept of remoteness of damages deals with how far the consequences of a wrongful act extend ___ liability.

To

What judicial pronouncement established the concept of absolute liability in India?

MC Mehta v. Union of India (1987)

True or False: The principle of strict liability requires proof of negligence.

False. Strict liability does not require proof of negligence.

What type of substances are considered 'dangerous' in the context of strict liability?

Substances that can cause harm or mischief if they escape, such as explosives or toxic gases.

Fill in the blank: A defendant is not liable if the damage was caused by the ___ of a third party.

Act

How does the legal principle of 'volenti non fit injuria' apply in strict liability cases?

It suggests that if a plaintiff consented to the risk, the defendant may not be held liable.

What is meant by 'no fault liability' in the context of tort law?

It refers to liability that exists regardless of negligence or fault, typically associated with strict and absolute liability.

Fill in the blank: The requirement of ___ use is crucial for establishing liability in cases involving hazardous materials.

Non-natural

What landmark case is associated with the test of directness in liability?

Re Polemis

True or False: Under strict liability, a defendant cannot be held liable if the plaintiff was at fault.

True. The plaintiff's fault may exempt the defendant from liability.

What does 'act of God' refer to in the context of liability?

An unforeseen natural event that cannot be prevented, exempting the defendant from liability.

Fill in the blank: The concept of proximate cause is crucial in determining the ___ of damages.

Liability

What is the significance of the case Hughes v. Lord Advocate in tort law?

It illustrates that liability can exist even if the exact type of damage was not foreseeable.

Fill in the blank: To establish strict liability, the defendant must demonstrate that the use of land was ___ and increased danger.

Non-natural

True or False: The test of directness was upheld in the Wagon Mound case.

False. The Wagon Mound case reinstated the test of reasonable foresight.

In determining remoteness, what is the role of the legal principle established in the Scott v. Shepherd case?

It shows that even indirect actions leading to harm can establish liability if they are proximate.

The principle of absolute liability, as established in landmark cases, holds a party liable for damages caused by ___ activities without considering exceptions.

Inherently dangerous or hazardous

True or False: In the case of Rylands v. Fletcher, the defendant was found liable even without proving negligence.

True