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Directions: Read the passage and answer the question that follows.
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'.
Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-
Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yew
Escape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.
Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.
Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.
Q. A worked as an employee in a company owned by B, while she was on duty within the premises of the company, something exploded due to which A suffered injuries. A filed a case with the company. Decide.
  • a)
    Strict liability is not applicable here as the explosion took place within the premises of the company
  • b)
    B is liable for strict liability of escape of some dangerous thing that caused the explosion
  • c)
    B is liable for negligence
  • d)
    B is liable for absolute liability
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the passage and answer the question that follows.Abs...
This is the most appropriate answer to the given question.
According to the context of the passage, the strict liability principle is an extremely important concept under the law of torts. Under the strict liability rule, the law makes people pay compensation for damages even if they are not at fault. In other words, people have to pay compensation to victims even if they took all the necessary precautions.Hence, in this case B is liable for strict liability.
Therefore, this is the correct option.
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Directions: Read the passage and answer the question that follows.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'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. T took on rent a shop in the SC's premises after full knowledge of the fact that he had a theatre and rehearsal room attached to the same premises. The theatre had a water storage mechanism in case of an emergency. Unfortunately, the water container burst due to excessive frost, and the water leaked into the T's shop thereby damaging his goods. He sued S for payment of damages suffered by him.

Directions: Read the passage and answer the question that follows.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'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. There was spontaneous growth of thistle plants in the land owned by X. He did not check the growth of this undesired vegetation which was extending to the Y's land also only to cause him annoyance and damage. Y filed a suit against X.

Directions: Read the passage and answer the question that follows.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'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide, liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. V had some artificial lakes that he had formed by damming up a natural stream for several years. However, an extraordinary rainfall that year was greater and more violent than any rainfall ever witnessed there broke the artificial embankments by the stream, and the rushing water carried away with it four bridges of the land of Z.

Directions: Read the passage and answer the question that follows.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'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. When the master is held liable for the wrongful act of his servant, the liability is called

Direction: Read the following passage carefully and answer the questions given below:The Criminal Law (Amendment) Act, 2013 inserted Section 326A and Section 326B in the Indian Penal Code, 1860 creating special provisions for the victims of acid attack. Section 326 A of the IPC criminalizes throwing or administering or attempting to throw acid on any person, irrespective of gender, with the intent to disfigure or maim that person causing him permanent or partial damage. The following Section, i.e., Section 326B criminalizes attempts to throw or administer acid on any person. The offenders convicted under these sections shall be imprisoned for a minimum sentence of ten years which may increase up to life imprisonment along with fine; that fine should cover the medical expenses incurred by the victim. The term “acid” can be used for any substance that is corrosive in nature. It could be a substance of burning nature. It should be capable of inflicting temporary or permanent disfigurement or disability to a person. For a person to be convicted under this offence it is not a requirement that the disfigurement must be irreversible in nature. Under Section 326A the punishment for attempting to throw acid on a person is punishable for a time period of 5-7 years under Section 326B irrespective of the nature of the damage caused to the victim. The victim is liable for compensation, up to Rs. 3 lakhs. The compensation should be payable in addition to the payment of the fine by the culprit.Q.Did Sunitas argument hold ground during her trial for attempting to throw acid on her colleague, Riya, but being caught before executing the attack?

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Directions: Read the passage and answer the question that follows.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'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. A worked as an employee in a company owned by B, while she was on duty within the premises of the company, something exploded due to which A suffered injuries. A filed a case with the company. Decide.a)Strict liability is not applicable here as the explosion took place within the premises of the companyb)B is liable for strict liability of escape of some dangerous thing that caused the explosionc)B is liable for negligenced)B is liable for absolute liabilityCorrect answer is option 'B'. Can you explain this answer?
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Directions: Read the passage and answer the question that follows.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'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. A worked as an employee in a company owned by B, while she was on duty within the premises of the company, something exploded due to which A suffered injuries. A filed a case with the company. Decide.a)Strict liability is not applicable here as the explosion took place within the premises of the companyb)B is liable for strict liability of escape of some dangerous thing that caused the explosionc)B is liable for negligenced)B is liable for absolute liabilityCorrect answer is option 'B'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the passage and answer the question that follows.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'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. A worked as an employee in a company owned by B, while she was on duty within the premises of the company, something exploded due to which A suffered injuries. A filed a case with the company. Decide.a)Strict liability is not applicable here as the explosion took place within the premises of the companyb)B is liable for strict liability of escape of some dangerous thing that caused the explosionc)B is liable for negligenced)B is liable for absolute liabilityCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the passage and answer the question that follows.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'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. A worked as an employee in a company owned by B, while she was on duty within the premises of the company, something exploded due to which A suffered injuries. A filed a case with the company. Decide.a)Strict liability is not applicable here as the explosion took place within the premises of the companyb)B is liable for strict liability of escape of some dangerous thing that caused the explosionc)B is liable for negligenced)B is liable for absolute liabilityCorrect answer is option 'B'. Can you explain this answer?.
Solutions for Directions: Read the passage and answer the question that follows.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'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. A worked as an employee in a company owned by B, while she was on duty within the premises of the company, something exploded due to which A suffered injuries. A filed a case with the company. Decide.a)Strict liability is not applicable here as the explosion took place within the premises of the companyb)B is liable for strict liability of escape of some dangerous thing that caused the explosionc)B is liable for negligenced)B is liable for absolute liabilityCorrect answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the passage and answer the question that follows.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'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. A worked as an employee in a company owned by B, while she was on duty within the premises of the company, something exploded due to which A suffered injuries. A filed a case with the company. Decide.a)Strict liability is not applicable here as the explosion took place within the premises of the companyb)B is liable for strict liability of escape of some dangerous thing that caused the explosionc)B is liable for negligenced)B is liable for absolute liabilityCorrect answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the passage and answer the question that follows.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'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. A worked as an employee in a company owned by B, while she was on duty within the premises of the company, something exploded due to which A suffered injuries. A filed a case with the company. Decide.a)Strict liability is not applicable here as the explosion took place within the premises of the companyb)B is liable for strict liability of escape of some dangerous thing that caused the explosionc)B is liable for negligenced)B is liable for absolute liabilityCorrect answer is option 'B'. Can you explain this answer?, a detailed solution for Directions: Read the passage and answer the question that follows.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'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. A worked as an employee in a company owned by B, while she was on duty within the premises of the company, something exploded due to which A suffered injuries. A filed a case with the company. Decide.a)Strict liability is not applicable here as the explosion took place within the premises of the companyb)B is liable for strict liability of escape of some dangerous thing that caused the explosionc)B is liable for negligenced)B is liable for absolute liabilityCorrect answer is option 'B'. Can you explain this answer? has been provided alongside types of Directions: Read the passage and answer the question that follows.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'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. A worked as an employee in a company owned by B, while she was on duty within the premises of the company, something exploded due to which A suffered injuries. A filed a case with the company. Decide.a)Strict liability is not applicable here as the explosion took place within the premises of the companyb)B is liable for strict liability of escape of some dangerous thing that caused the explosionc)B is liable for negligenced)B is liable for absolute liabilityCorrect answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the passage and answer the question that follows.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'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. A worked as an employee in a company owned by B, while she was on duty within the premises of the company, something exploded due to which A suffered injuries. A filed a case with the company. Decide.a)Strict liability is not applicable here as the explosion took place within the premises of the companyb)B is liable for strict liability of escape of some dangerous thing that caused the explosionc)B is liable for negligenced)B is liable for absolute liabilityCorrect answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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