Conclusion

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

result of the hazardous or inherently dangerous activity it has

undertaken.

Case law 2:

UNION CARBIDE CORPORATION V. UNION OF INDIA AIR 1992 SC 248

In December, 1984 Methyl Iso Cyanate and other toxic gases leaked from
the Union Carbide Corporation India Ltd. at Bhopal. About 2660 people
died, several thousand suffered serious injuries which did not die with
that generation but also in cases got transferred to their next generation.

The Court on applying the principle of absolute liability held the defendant
liable to pay US $470 Million dollars by way of compensation to the
victims or relatives of the victims.

Also by applying the principle of polluter pays in which the court stated
that the enterprise alone has the resources to guard and discover against
its dangerous actions.

CONCLUSION:

We can see that by applying the principle of absolute liablity the super
cola company can be held liable and will be responsible for the damages
occurred and therefore by applying to the above case laws the villagers
can sue the company and recover damages.

ANSWER 4:

RYLANDS V. FLETCHER

It is a landmark judgement by the house of lords which gave rise to the


principle of strict liability.

Rylands vs. fletcher 1868 LR 3 HL

Facts of the case:

Rylands and fletchers were neighbours. Fletcher used to run a coal mine
once rylands decided to construct a water reservoir on his land to supply
water to a nearby mill and gave the construction job to a contractor.

While constructing the reservoir the the independent contractor's workers


came across some old disused shafts while working on the water
reservoir. Those were not properly packed. When the reservoir was filled

You might also like