The question (10 marks)
Distinguish strict liability from absolute liability. State the rule in Rylands v Fletcher with its exceptions, and explain how and why the Supreme Court departed from it in M.C. Mehta v Union of India. (10 marks)
Original question written for this pack on the pattern of the University of Mumbai LL.B. papers.
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 13 · Strict and Absolute Liability of Law of Torts, Motor Accident Claims and Consumer Protection.
Authorities you will need
- Rylands v Fletcher (1868) LR 3 HL 330
- M.C. Mehta v Union of India
- Indian Council for Enviro-Legal Action v Union of India
- Union Carbide Corporation 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.