The question (15 marks)
Explain the rule of absolute liability laid down in the Oleum Gas Leak case. How does it differ from the rule in Rylands v Fletcher, on what basis is compensation measured, and what became of the controversy over whether the rule was obiter? (15 marks)
MU Module I, general laws and environmental protection; pack ch. 03 and case briefs 03, 04 and 08.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Foundations of Environmental Law of Environmental Laws.
Authorities you will need
- M.C. Mehta v Union of India, the Oleum Gas Leak case
- Union Carbide Corporation v Union of India
- Indian Council for Enviro-Legal Action v Union of India, the Bichhri case
- Rylands v Fletcher
- Vellore Citizens Welfare Forum v Union of India
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.