- 07/02/2019 at 8:54 am #1286138EduGorillaKeymasterSelect Question Language :
(a) The principle of absolute liability says that a person is absolutely liable for all the consequences of any dangerous substance that he brings onto his land.
(b) No one can be penalized for an Act of God which is unforeseeable and unpredictable.
Fact: Anderson is the managing director of a company that makes fertilisers. One of the plants on the company’s campus at Kochi utilizes a lot of toxic gases to make the end product. Anderson ensures that every possible precaution and preventive measure known to man has been taken to prevent any disaster. However, one night the plant is struck by lightning and a lethal dose of poisonous gases escape and kill 600 people, injuring at least 2000 others. Is Anderson’s company liable for the accident?
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No, since lighting was an act of God not foreseeable
Yes, because they developed a dangerous process on their land and hence are absolute liable for all consequences.
No, because all precautions has been taken
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