Strict Liability and Absolute Liability — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. The rule in Rylands v. Fletcher (1868) requires all of the following EXCEPT:

   • A dangerous thing brought onto the land
   • A non-natural use of land
   • An actual escape of the dangerous thing
   • Proof that the defendant was personally negligent (correct answer)

   Explanation. Rylands v. Fletcher imposes strict liability without requiring proof of negligence, once the other three elements are shown.

2. Which of the following is NOT a recognised exception to the rule in Rylands v. Fletcher?

   • Act of God
   • Plaintiff's own default
   • Sheer size of the enterprise (correct answer)
   • Statutory authority

   Explanation. The recognised exceptions are plaintiff's default, act of God, act of a stranger, plaintiff's consent, and statutory authority — not the enterprise's size.

3. In Nichols v. Marsland (1876), the defendant escaped liability under the exception of:

   • Act of a stranger
   • Act of God (correct answer)
   • Statutory authority
   • Plaintiff's consent

   Explanation. An unprecedented, extraordinary rainfall was held to be an act of God.

4. M.C. Mehta v. Union of India (1987) established the rule of:

   • Strict liability
   • Vicarious liability
   • Absolute liability (correct answer)
   • Contributory negligence

   Explanation. This case established absolute liability for enterprises engaged in inherently dangerous or hazardous activity.

5. The Oleum Gas Leak Case arose from a gas leak at a unit belonging to:

   • Union Carbide
   • Shriram Foods and Fertilizers Industries (correct answer)
   • Bhopal Chemicals Ltd.
   • Delhi Cloth Mills

   Explanation. Oleum gas escaped from a unit belonging to Shriram Foods and Fertilizers Industries in Delhi.

6. Under the rule of absolute liability, which of the following defences is available to the enterprise?

   • Act of God
   • Act of a stranger
   • Reasonable care was taken
   • None of these (correct answer)

   Explanation. Absolute liability admits none of the exceptions recognised under Rylands v. Fletcher.

7. Under M.C. Mehta v. Union of India, the measure of compensation must be correlated to:

   • Only the victim's medical bills
   • The magnitude and capacity of the enterprise (correct answer)
   • The number of employees of the enterprise
   • The age of the factory

   Explanation. Compensation must be correlated to the enterprise's magnitude and capacity, adding a deterrent element.

8. In the House of Lords, Lord Cairns added which condition to the rule in Rylands v. Fletcher?

   • The land must be agricultural land
   • The land must be put to a non-natural use (correct answer)
   • The defendant must be a company
   • The claimant must prove negligence

   Explanation. Lord Cairns added that the land must be put to a non-natural use, meaning a special use that brings increased danger to others. Ordinary domestic water supply is not (Rickards v. Lothian).

9. The Public Liability Insurance Act, 1991 requires enterprises handling hazardous substances to:

   • Avoid all insurance
   • Pay relief for death or injury from an accident while handling a hazardous substance, without proof of fault (correct answer)
   • Only compensate employees, not the public
   • Wait for a court decree before paying anything

   Explanation. The Public Liability Insurance Act, 1991 gives relief for death or injury caused by an accident while handling a hazardous substance, without proof of fault.

10. Read v. J. Lyons & Co. Ltd. (1947) narrowed the rule in Rylands v. Fletcher by requiring:

    • Proof of the enterprise's total revenue
    • An actual escape of the dangerous thing beyond the defendant's premises (correct answer)
    • A written statutory authorisation
    • The plaintiff's express consent

    Explanation. Read v. J. Lyons & Co. Ltd. confined the rule to cases involving an actual escape beyond the defendant's own premises.