Question

Legal Principle: A person who keeps hazardous substances in his premises, is responsible for the fault if that substance escapes in any manner and causes damage. Facts: A, an industrialist stored 1000 litres of liquid ammonia in a tank in his premises for his industrial use. There was a leakage from the tank due to which there was ammonia vapour in the surroundings. Many workers in other industries as well as his own industry and some members from the public suffered serious health hazards. Examine the liability of A, if any.

Legal Principle: A person who keeps hazardous substances in his premises, is responsible for the fault if that substance escapes in any manner and causes damage. Facts: A, an industrialist stored 1000 litres of liquid ammonia in a tank in his premises for his industrial use. There was a leakage from the tank due to which there was ammonia vapour in the surroundings. Many workers in other industries as well as his own industry and some members from the public suffered serious health hazards. Examine the liability of A, if any.

.

Option A: A may be liable for the injury sustained by his workers only and not others.
Option B: A is liable as he is responsible for the injury caused by the leakage of ammonia from his premises.
Option C: A is not liable because there was no fault on his part for the escape of the dangerous substance.
Option D: A is not liable because he did not expect a leakage from the tank.

Correct Answer

Option: b

Explanation

Absolute Liability. Section 284 of IPC says that Negligent conduct with respect to poisonous substance.

Sample Mock Tests for Practice

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 12 Q. NO. 441 TO 480)

MAHARASHTRA LOWER JUDICIAL SERVICES 2019

THE LIMITATION ACT, 1963 (PAPER 01 Q. NO. 1 TO 40)

THE CHHATTISGARH EXCISE ACT, 1915 (PAPER 01 Q. NO. 1 TO 8)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 17 Q. NO. 641 TO 680)

THE LAW OF TORTS (PAPER 01 Q. NO. 1 TO 45)

THE LIMITATION ACT, 1963 (PAPER 02 Q. NO. 41 TO 80)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2016-2

AIBE-XV-2021-I (BCI-JAN-2021-SET-C) (ALL INDIA BAR EXAM 2021-I)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 07 Q. NO. 211 TO 245)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2014

THE CONSTITUTION OF INDIA, 1949 (PAPER – 02 Q. NO. 36 TO 70)

ODISHA LOWER JUDICIAL SERVICES 2011

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 07 Q.NO. 241 TO 280)

AIBE-XII-2018-I (BCI-JUN-2018-SET-A) (ALL INDIA BAR EXAM 2018-I)

AILET – National Law University Delhi Entrance Test (NLU 2016)

MADHYA PRADESH LOWER JUDICIAL SERVICES 2019(2)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 13 Q. NO. 481 TO 520)

HARYANA LOWER JUDICIAL SERVICES 2018

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2011

THE LIMITATION ACT, 1963 (PAPER 03 Q. NO. 81 TO 120)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 16 Q. NO. 601 TO 640)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2007-2

THE HIMACHAL PRADESH EXCISE ACT, 2011 (PAPER 01 Q. NO. 1 TO 16)

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 03 Q. NO. 61 TO 90)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2016-1

AIBE-XVI-2021-II (BCI-OCT-2021-SET-A) (ALL INDIA BAR EXAM 2021-II)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 16 Q. NO. 526 TO 560)

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019

AILET – National Law University Delhi Entrance Test (NLU 2023)

UTTARAKHAND LOWER JUDICIAL SERVICES 2022

G.K. ENGLISH -02 GGSSS BNL

THE CONSUMER PROTECTION ACT, 1986 (PAPER 01 Q. NO. 1 TO 13)