Unit V · Topic 6Strict and absolute liability – Previous Year Questions

Question: (DECEMBER 2009)

The rule of Absolute Liability was first laid down by:

Options:

1. (a)Lord Atkin in 1635
2. (b)Justice Blackburn in 1868
3. (c)Winfield in 1765
4. (d)Chief Justice Holt in 1868

Question: (DECEMBER 2010)

Assertion (A): If a dangerous thing is brought on one’s land, its use is non-natural and if it escapes, the person can plead lack of mens rea as a defence.

Reason (R): The rule of strict liability cannot be applied to every such situation.

Options:

1. (a)(A) is correct, but (R) is wrong
2. (b)(R) is correct, but (A) is wrong✓
3. (c)Both (A) and (R) are correct
4. (d)Both (A) and (R) are wrong

Question: (JUNE 2011)

A, a competent contractor, constructed a reservoir of water for the mill of B. During construction, A came across some old shafts and tunnels but did not block them. When the reservoir was filled, water escaped through the shafts and flooded B’s neighbour’s coal mines. Is B liable?

Options:

1. (a)Inevitable accident
2. (b)If any negligence has been committed, it is by A and not B
3. (c)B has no defence. He is responsible for the escape of water✓
4. (d)Third party’s negligence

Question:

Match List-I with List-II and select the correct answer using the codes given below:

List-I | List-II

A. Rayland v. Fletcher | 1. Compensation for pain and suffering

B. Donoghue v. Stevenson | 2. Loss caused by Competition in business

C. Gloucester Grammar School case | 3. Strict liability

D. Rose v. Ford | 4. Liability of minor for torts

| 5. Liability for negligence

Codes:

A B C D

1. (a)1 2 3 4
2. (b)2 3 4 5
3. (c)3 5 2 1✓
4. (d)3 4 2 1

Question: June 2012 paper 3

The Rule of Absolute Liability is subject to:

1. (a)All the exceptions mentioned in the rule of Rylands v. Fletcher
2. (b)Half of the exceptions mentioned in the rule of Rylands v. Fletcher
3. (c)None of the exceptions mentioned in the rule of Rylands v. Fletcher✓
4. (d)All the exceptions mentioned in the rule of M.C. Mehta v. Union of India

Rule of Absolute Liability was propounded by:

1. (a)Justice Bhagwati✓
2. (b)Justice Sodhi
3. (c)Justice Ahmadi
4. (d)Justice Kuldeep Singh

Which one of the defences to strict liability is based on the maxim Volenti non fit injuria?

1. (a)Consent of the plaintiff✓
2. (b)Act of God
3. (c)Act of Third Party
4. (d)Statutory Authority

The rule of 'absolute liability' was laid down by the Supreme Court of India in the following case:

1. (a)Rylands v. Fletcher
2. (b)M.C. Mehta (Sriram Food and Fertilizer Co.) v. Union of India✓
3. (c)M.C. Mehta (CNG Fuel case) v. Union of India
4. (d)None of the above

Assertion (A): In India, defendants collecting water in reservoirs have not been held liable for damage caused due to the escape of water from these reservoirs in absence of negligence.

Reason (R): The rule of strict liability laid down in Rylands v. Fletcher case has been held to be not applicable in India.

Code:

1. (a)(A) and (R) are true and (R) is correct explanation of (A)✓
2. (b)(A) and (R) are true but (R) is not correct explanation of (A)
3. (c)(A) is true, but (R) is false
4. (d)(A) is false, but (R) is true

the enterprise owes an absolute and non-delegable duty to the community to ensure that no harm results from the activity

it is considered as a part of the social cost for carrying on the hazardous or inherently dangerous activity

it is difficult to prove lack of care on the part of the enterprise

Select the correct code:

1. (a)1 and 2 are correct
2. (b)1 and 4 are correct
3. (c)1 and 3 are correct
4. (d)2 and 3 are correct✓

Match List-I with List-II. Use the codes below to select the correct answer:

Codes:

A B C D

1. (a)2 3 4 1
2. (b)1 2 4 3
3. (c)3 4 2 1✓
4. (d)3 2 4 1

In which of the following cases, the rule of absolute liability laid down by the Supreme Court of India was followed?

1. (a)Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446
2. (b)Klaus Mittelbachert v. East Indian Hotels Ltd. AIR 1997 Del 201
3. (c)Both (a) and (b)✓
4. (d)None of the above

In which of the following cases, the rule of absolute liability laid down by the Supreme Court of India was followed?

1. (a)Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446
2. (b)Klaus Mittelbachert v. East Indian Hotels Ltd. AIR 1997 Del 201
3. (c)Both (a) and (b)✓
4. (d)None of the above

Consider the following and select the correct code:

Absolute liability implies liability without fault.

In case of absolute liability, defendant is liable if his act is the direct and proximate cause of plaintiff’s injury.

Absolute liability is the liability of the defendant without any defense.

In absolute liability, defendant can escape if he proves that the damage was caused by a stranger.

Codes:

1. (a)1, 2 and 4 are correct
2. (b)2 and 3 are correct
3. (c)1, 2 and 3 are correct✓
4. (d)1 and 4 are correct

Which of the following is not an exception to the strict liability principle laid down in Rylands v. Fletcher?

1. (a)Independent contractor✓
2. (b)Statutory authority
3. (c)Act of God
4. (d)Consent of the plaintiff

Match List-I with List-II and select the correct answer:

List-I (Principle) | List-II (Case)

A. Absolute Liability → 4. Rylands v. Fletcher

B. Damnum sine injuria → 2. Ashby v. White

C. Injuria sine damnum → 1. Gloucester Grammar School case

D. Inevitable accident → 3. Stanley v. Powell

Codes:

1. (a)1 2 3 4
2. (b)2 3 4 1
3. (c)4 2 1 3✓
4. (d)3 1 2 4

What action can be taken in view of exceptions to the theory of strict liability?

1. (a)No action lies because of plaintiff’s own fault
2. (b)Action lies because it is not an act of God
3. (c)No action lies because of the consent of the plaintiff✓
4. (d)Action lies because it is not an act of stranger

In which of the following cases did the Supreme Court of India apply the principle of absolute liability?

M.C. Mehta v. Union of India

Charan Lal Sahu v. Union of India

Indian Council for Enviro-Legal Action v. Union of India

M.C. Mehta v. State of M.P.

Codes:

1. (a)1, 2, 3 and 4
2. (b)Only 2, 3 and 4
3. (c)Only 3 and 4
4. (d)Only 1, 2 and 3✓

Match List-I with List-II and select the correct answer:

List-I (Case name) | List-II (Decision/Principle)

A. Indian Council for Enviro-Legal Action v. Union of India (1996) | 2. Absolute liability for hazardous activities

B. Rylands v. Fletcher (1868) | 3. Liability for keeping dangerous things on land

C. Lakshmi Rajan v. Malar Hospital Ltd. (1997) | 1. Patient’s consent for operation does not mean consent for removal of uterus

D. Union of India v. United Insurance Co. Ltd. (1997) | 4. Contributory negligence of driver cannot be imputed to passengers

Codes:

1. (a)A-2, B-3, C-1, D-4✓
2. (b)A-1, B-3, C-2, D-4
3. (c)A-4, B-1, C-2, D-3
4. (d)A-1, B-2, C-3, D-4

Assertion (A): The rule of strict and absolute liability is based on the principle of no-fault liability.

Reason (R): Defendant can be held liable even if he is not negligent, has taken due care, and the harm caused is unintentional.

Codes:

1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)✓
2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
3. (c)(A) is true, but (R) is false
4. (d)(A) is false, but (R) is true

Which of the following is an exception to the rule of strict liability?

1. (a)Defendant’s own fault
2. (b)Statutory authority✓
3. (c)Consent of third party
4. (d)Act of defendant

'We have to evolve new principles and lay down new norms which will adequately deal with new problems which arise in a highly industralised society' was laid down in

1. (a)Common Cause. Union of India
2. (b)M.C. Mehta v. Union of India✓
3. (c)Invercargill City Council v. Hamlin
4. (d)Union of India v. Sat Pal Dharam Vir

Match List I with List II

I -II

List-I/I List-II

A. Negligence/(I) Ryland V Fletcher

B. Strict Liability/(II) M.C. Mehta V Union of India

C. Absolute Liability/(III) Glasgow corporation Vs Muir

D. Nervous shock/(IV) Bourhill V Young

Choose the correct answer from the options given below

1. (a)(A)-(II), (B)-(I), (C)-(III), (D)-(IV)
2. (b)(A)-(I), (B)-(III), (C)-(IV), (D)-(II)
3. (c)(A)-(III), (B)-(I), (C)-(II), (D)-(IV)✓
4. (d)(A)-(III), (B)-(II), (C)-(I), (D)-(IV)

The following is/are the exceptions to the principle of strict liability

1. (a)Act of God
2. (b)Consent of the plaintiff✓
3. (c)Intention of the defendant
4. (d)Act of third party
5. (d)Minority

Choose the correct answer from the options given below

1. (a)A and B only
2. (b)A, B and D only✓
3. (c)A, C and D only
4. (d)B and E only

Match List I with List II

I II

List I/I List II

A. Rule of strict I. Slander liability

B. Publication of a II. Rylands v defamatory Fletcher/statement

C. Defamatory III. Act of God Representation Made in some Permanent form

D. Vis Major IV. Libel

Choose the correct answer from the options given below

1. (a)A-IV, B-I, C-II, D-III
2. (b)A-I, B-II, C-III, D-IV
3. (c)A-II, B-I, C-IV, D-III✓
4. (d)A-II, B-IV, C-I, D-III

As per the Supreme Court of India in the Oleum Gas leak case, the nature of duty owed by an enterprise engaged in hazardous industry posing a potential threat to health and safety of persons residing in the surrounding area is

(A) Inherent duty

(B) Imperative and non-derogable duty

(C) Absolute and delegable duty

(D) Resolute duty

(E) Absolute and non-delegable duty

Choose the correct answer from the options given below

1. (a)(A) and (B) Only
2. (b)(B) and (C) Only
3. (c)(E) Only✓
4. (d)(C) and (D) Only

Which of the following statements are correct in the context of rule laid down in the case of Rylands v/s Fletcher?

(A) Some dangerous thing must have been brought by a person on his land

(B) The thing brought or kept by a person on his land must not escape

(C) It must not be non-natural use of land

(D) The thing brought or kept by a person on his land must escape

(E) It must be non-natural use of land

Choose the correct answer from the options given below

1. (a)(E), (A), (B) Only
2. (b)(B), (C), (A) Only
3. (c)(D), (B), (C) Only
4. (d)(A), (D), (E) Only✓

Which of the following cases does not relate to the concept of absolute liability under Indian law?

1. (a)Indian Council for Enviro-legal Action v. Union of India
2. (b)Klaus Mittelbachert v. East India Hotels of India✓
3. (c)Madras Railway Co. v. Zemindar of Carvatenagram
4. (d)M.C. Mehta v. Union of India

Arrange the following landmark decision in their ascending order relating to development of law of torts under concept of nervous shock

A. R v. Phillips

B. Dulieu v. White

C. Hambrook v. Stokes Brothers

D. Bourhill v. Young

Choose the correct answer from the options given below

1. (a)B, C, D, A✓
2. (b)B, D, C, A
3. (c)A, C, D, B
4. (d)D, B, C, A