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Strict Liability
May 14 , 2020
1529 days
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- The National Green Tribunal's order on Visakhapatnam gas tragedy, found LG Polymers prima facie liable under the law principle of “strict liability”.
- This liability was made redundant in India by the Supreme Court in 1986.
- In 1986, the Supreme Court replaced it with the ‘absolute liability principle’ in the Oleum gas leak case of Delhi.
- The principle of absolute liability is part of Article 21 (right to life).
- Under the “strict liability principle”, a party is not liable and need not pay any compensation if a hazardous substance escapes his premises by accident or by an “act of God’” among other circumstances.
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