UPSC Mains Law Paper Topic : Liability Based upon Fault and Strict
Liability, Absoluble Liability
- Discuss the legal principles, in the background of the recent changes in the law, applicable to the determination of liability for injury caused by “hazardous substances” and also the nature of the said liability. Refer to relevant case law. (96/II/3a/30)
- Explain the nature, scope and extent of the liability of the polluter for environmental torts in the light of the “Polluter pays principle” as developed in recent Supreme Court decisions. (99/II/4b/30)
- What are the exception to the rule of strict liability? Briefly examine each of them. (99/II/2b/30)
- There was a leakage of oleum gas from one of the units of Mr. X’s Textile Industry, situated in the city of Mumbai, on 4th and 5lh October, 1995. It resulted in the death of an advocate practising in a court and all the ill effects of the same to various other persons. Mr. Y, a public spirited individual filed a writ petition, under Art. 32 of the Constitution, before the Supreme Court of India claiming compensation. Decide the liability of the occupier. (00/II/1d/20)
- A, the owner of a mill, was getting water for his mill from a stream which was naturally flowing near the mill of A. B, the owner of another mill, dug an extensive well which hindered the flow of water to A’s mill. Is B liable for a tort? Give reasons to support your answer. (06/II/3b/30)
- Discuss the rule of strict liability with the help of relevant case law. Is there any difference between strict liability “and absolute liability? (06/II/3a/30)
- “If a person brings or accumulates on his land anything which if it should escape may cause damages to his neighbours, he does so at his peril.” Discuss the above statement by referring the judicial pronouncements alongwith the exceptions thereto. (07/II/3a/30)
- Mr. A, a chronic heart-patient was drawn into a political debate and in the couse of arguments his adversary looked at him fiercely and said that people like him should be hit till they are dead” Hearing this ‘A’ suffers a heart attack and dies on the spot. Discuss the liability of his adversary. Argue for the State also. (10/II/3c/20)
- The very object of taking a surety is defeated, if the creditor is required to postpone his remedies against the surety. Explain the liability of the suety. (10/II/5b/15)
- “It has been a common statement of the law that while relief is available for certain kinds of mutual mistake, it is unavailable for unilateral mistake unless the other party knew or had reason to know of the mistake.” Critically examine the statement with leading case law. (13/II/6a/25)
