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Test: Concept of Absolute Liability - Judiciary Exams MCQ


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20 Questions MCQ Test - Test: Concept of Absolute Liability

Test: Concept of Absolute Liability for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Concept of Absolute Liability questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Concept of Absolute Liability MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Concept of Absolute Liability below.
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Test: Concept of Absolute Liability - Question 1
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What was the catalyst for the shift from the strict liability doctrine to the principle of absolute liability in India's legal system?

Detailed Solution for Test: Concept of Absolute Liability - Question 1
The tragic Bhopal gas leak incident played a pivotal role in prompting the Indian judiciary to move away from the traditional strict liability doctrine to introduce the principle of absolute liability. This catastrophic event resulted in significant loss of life and long-term health issues, leading to the recognition of the need for a more stringent legal framework to hold accountable parties responsible for such disasters.
Test: Concept of Absolute Liability - Question 2
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How does absolute liability differ from strict liability with regard to the culpability of defendants?

Detailed Solution for Test: Concept of Absolute Liability - Question 2
Absolute liability stands out from strict liability by imposing liability on defendants regardless of fault or intention. This legal principle holds individuals or entities accountable for the consequences of their actions, irrespective of whether they acted negligently or with malicious intent. Absolute liability ensures that those engaging in hazardous activities bear responsibility for the harm caused, emphasizing the importance of preventing and mitigating risks to protect public safety and welfare.
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Test: Concept of Absolute Liability - Question 3
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What distinguishes absolute liability from strict liability in the legal context?

Detailed Solution for Test: Concept of Absolute Liability - Question 3
Absolute liability, as established by the Supreme Court, is characterized by its broader and more comprehensive nature compared to the traditional rules of strict liability. Unlike strict liability, absolute liability leaves no room for the defendant to use any defenses or exceptions. This stringent approach ensures that those responsible for harm are held accountable without the possibility of evading liability through legal loopholes.
Test: Concept of Absolute Liability - Question 4
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Which legal case marked the origin of the concept of absolute liability in India?
Detailed Solution for Test: Concept of Absolute Liability - Question 4
The concept of absolute liability in India originated from the renowned M.C Mehta v. Union of India case, commonly known as the Oleum gas leak case. This landmark case played a pivotal role in shaping India's legal landscape by introducing the principle of absolute liability, which holds parties accountable for harm caused by hazardous activities without allowing for any exemptions or defenses.
Test: Concept of Absolute Liability - Question 5
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What was the primary reason for formulating the absolute liability doctrine in India?
Detailed Solution for Test: Concept of Absolute Liability - Question 5
The absolute liability doctrine was formulated in India post the Oleum gas leak case to address the shortcomings of the strict liability principle. Unlike the previous doctrine, absolute liability holds the party accountable without the possibility of invoking exceptions, ensuring greater accountability and justice in cases of hazardous activities.
Test: Concept of Absolute Liability - Question 6
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What distinguishes absolute liability from strict liability in terms of accountability?
Detailed Solution for Test: Concept of Absolute Liability - Question 6
In contrast to strict liability, absolute liability holds the party accountable without the possibility of invoking exceptions. This distinction ensures that those responsible for hazardous activities bear the consequences of their actions without any escape routes, enhancing accountability.
Test: Concept of Absolute Liability - Question 7
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What legal event led to the establishment of the absolute liability doctrine by the Indian Supreme Court?
Detailed Solution for Test: Concept of Absolute Liability - Question 7
The principle of absolute liability was established by the Indian Supreme Court in response to the Bhopal gas tragedy. This legal precedent ensured greater accountability and justice by imposing a higher standard on those responsible for hazardous activities, making them accountable for the damages caused without escape routes.
Test: Concept of Absolute Liability - Question 8
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How does the absolute liability doctrine impact companies involved in hazardous activities?
Detailed Solution for Test: Concept of Absolute Liability - Question 8
Absolute liability imposes a higher standard on companies involved in hazardous activities by holding them strictly accountable for the damages caused, regardless of any defenses or escape routes they might try to raise. This ensures that they bear the consequences of their actions without exception, fostering greater responsibility in such scenarios.
Test: Concept of Absolute Liability - Question 9
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What does the legal concept of Absolute Liability primarily hold industries or businesses responsible for?
Detailed Solution for Test: Concept of Absolute Liability - Question 9
Absolute Liability in legal terms places the responsibility on industries or businesses for any harm or damage resulting from their hazardous activities, irrespective of fault. This doctrine ensures that industries engaging in activities with the potential for significant harm are held strictly accountable for any resulting damage, emphasizing the need for compensation to affected parties.
Test: Concept of Absolute Liability - Question 10
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What triggers the liability under the concept of Absolute Liability?
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The liability under Absolute Liability is triggered by the commercial gain derived from hazardous activities. This means that industries engaging in inherently dangerous activities are held accountable for any resulting damage, emphasizing the importance of compensating affected parties.
Test: Concept of Absolute Liability - Question 11
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What key characteristic defines the scope of Absolute Liability regarding the activities it applies to?
Detailed Solution for Test: Concept of Absolute Liability - Question 11
Absolute Liability applies to activities that are hazardous and possess the potential to cause significant harm. This characteristic ensures that industries engaging in such activities are strictly responsible for any resulting damage, regardless of fault or other considerations.
Test: Concept of Absolute Liability - Question 12
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In the context of absolute liability, which situation would best exemplify a scenario where a company is held responsible for damages without consideration of negligence?
Detailed Solution for Test: Concept of Absolute Liability - Question 12
Absolute liability applies when a company is held accountable for damages regardless of negligence. In the given scenario, the faulty brakes manufactured by a company directly result in accidents, indicating a clear liability without the necessity of proving negligence. This principle ensures that victims receive compensation swiftly in situations where harm is caused by a product's inherent defect.
Test: Concept of Absolute Liability - Question 13
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Why is compensation required to be paid to affected parties by the industry or enterprise under Absolute Liability?
Detailed Solution for Test: Concept of Absolute Liability - Question 13
Compensation must be paid to affected parties by the industry or enterprise under Absolute Liability to address the harm caused by their hazardous activities. This ensures that those impacted by the damage receive appropriate restitution for the losses incurred due to the inherently dangerous actions of the industry.
Test: Concept of Absolute Liability - Question 14
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What triggers the application of absolute liability when it comes to hazardous objects?
Detailed Solution for Test: Concept of Absolute Liability - Question 14
Absolute liability is invoked when a hazardous object escapes from the owner's control, posing a threat of harm to individuals or property. This legal concept holds the owner responsible for any harm caused by the dangerous item, regardless of fault. In scenarios where such objects escape and cause harm, the principle of absolute liability applies, emphasizing the importance of maintaining control over dangerous elements to prevent harm.
Test: Concept of Absolute Liability - Question 15
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In the context of non-natural land use, what differentiates natural from non-natural use?
Detailed Solution for Test: Concept of Absolute Liability - Question 15
Non-natural land use is distinguished from natural use by considering societal norms and what a reasonable person would do in a given situation. While activities like collecting water for domestic purposes are considered natural, accumulating large quantities, such as in a reservoir, falls under non-natural use. This distinction is crucial in legal contexts like the Rylands v. Fletcher case, where the extent of land use plays a significant role in determining liability.
Test: Concept of Absolute Liability - Question 16
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When can liability be established under absolute liability concerning dangerous items escaping and causing harm?
Detailed Solution for Test: Concept of Absolute Liability - Question 16
Liability under absolute liability is established when the plaintiff can demonstrate that the defendant engaged in non-natural land use, allowing a dangerous item to escape and subsequently cause harm. This legal principle emphasizes the responsibility of individuals or entities engaging in activities that could potentially endanger others, highlighting the importance of exercising caution and preventive measures to avoid harm.
Test: Concept of Absolute Liability - Question 17
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What is a key requirement for proving liability under absolute liability in cases involving hazardous objects?
Detailed Solution for Test: Concept of Absolute Liability - Question 17
To establish liability under absolute liability, it is essential to demonstrate that the defendant engaged in non-natural land use, which led to a hazardous object escaping and causing harm. This legal standard focuses on the responsibility of individuals to prevent dangerous items from posing a threat to others due to their activities or the conditions they create.
Test: Concept of Absolute Liability - Question 18
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What catalyzed the prominence of the concept of absolute liability in the legal domain?
Detailed Solution for Test: Concept of Absolute Liability - Question 18
The concept of absolute liability gained significant attention in the legal realm following the tragic Oleum gas leak incident. This incident underscored the critical importance of holding entities accountable for accidents involving hazardous substances, leading to the recognition and legal development of the concept of absolute liability.
Test: Concept of Absolute Liability - Question 19
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What is the primary objective of The Public Liability Insurance Act, 1991?
Detailed Solution for Test: Concept of Absolute Liability - Question 19
The main goal of The Public Liability Insurance Act, 1991, is to provide compensation to individuals impacted by accidents related to hazardous substances or their handling. This legislation aims to ensure that victims of such incidents receive the necessary financial support through a public liability insurance fund, thus promoting accountability and redress in cases of industrial accidents.
Test: Concept of Absolute Liability - Question 20
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What fundamental purpose does the establishment of a public liability insurance fund serve within the legal framework of absolute liability?
Detailed Solution for Test: Concept of Absolute Liability - Question 20
The establishment of a public liability insurance fund in the context of absolute liability primarily serves the crucial purpose of providing a dedicated mechanism for compensating individuals affected by accidents involving hazardous substances. This fund helps ensure that victims receive appropriate compensation promptly, thus reinforcing the principles of accountability and justice in cases of industrial accidents.
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