CLAT CLAT Solved Paper-2018

  • question_answer
    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.
    Fact Situation A, an industrialist stored 1000 L 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.
    Which among the following proposition is true?

    A) A may be liable for the injury sustained by his workers only and not others.

    B) A is liable as he is responsible for the injury caused by the leakage of ammonia from his premises.

    C) A is not liable because there was no fault on his part for the escape of the dangerous substance.

    D) A is not liable because he did not expect a leakage from the tank.

    Correct Answer: B

    Solution :

    Sol.      According to the 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', A is liable as he is responsible for the injury caused by the leakage of-ammonia from his premises where he is the owner of the industry.


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