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What is a liability imposed in certain situations without regard to fault or due care called?Question 5Answera.Strict liability b.Negligencec.An intentional tortd.Absolute liability

Question

What is a liability imposed in certain situations without regard to fault or due care called?Question 5Answera.Strict liability b.Negligencec.An intentional tortd.Absolute liability

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Solution

The liability imposed in certain situations without regard to fault or due care is called "Strict liability".

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Strict liability is applied to cases involving abnormally dangerous activities that necessarily involve a risk of harm that cannot be eliminated by the exercise of reasonable Care.Group of answer choicesTrueFalse

No fault liability' means ______________.A.liability for damage caused through negligenceB.liability for damage caused through faultC.absolute liability even without any negligence or faultD.freedom from liability

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Absolute liability is a stringent legal doctrine within the law of torts, holding a party entirely responsible for damages caused by their actions, regardless of fault or intent. This principle deviates from traditional negligence-based liability, where the plaintiff must prove the defendant's lack of due care. Absolute liability, by contrast, eliminates the need for the injured party to demonstrate negligence, recklessness, or even intent. This doctrine is often applied in cases involving inherently hazardous activities or the handling of dangerous substances.The landmark case establishing absolute liability in India is M.C. Mehta v. Union of India (1987). In this case, the Supreme Court of India held that enterprises engaged in hazardous activities, which pose a potential threat to the public, bear an absolute responsibility for any harm caused by their operations. This ruling emerged from a gas leak at Shriram Foods and Fertilizer Industries in Delhi, which resulted in significant harm to the surrounding community. The Court emphasized that such industries must ensure the utmost safety measures, and if a mishap occurs, they cannot claim any exceptions or defenses to avoid liability.Absolute liability ensures that companies involved in dangerous operations internalize the costs of any accidents, promoting stricter adherence to safety protocols. It serves as a deterrent against negligence and compels industries to prioritize public safety. This principle underscores a shift from a fault-based system to a risk-based one, where the mere occurrence of damage from hazardous activities triggers liability. Thus, absolute liability provides stronger protection for individuals and the environment from the risks posed by industrial and technological advancements.Q 55.   Imagine a pharmaceutical company produces a drug that is later found to cause severe side effects. Under absolute liability, what must the injured patients prove to hold the company liable?a)  The company was negligent in testing the drug.b)  The company intended to harm the patients.c)  The severe side effects were caused by the drug.d)  The company breached a duty of care

Which of the following is liability without fault?Multiple ChoiceContributory negligenceAssumption of the riskStrict liabilityModified comparative negligencePure comparative negligence

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