Question

PRINCIPLE Where a dangerous article escapes, the owner shall be strictly liable for the harm which comes without being at fault.

FACTS Bhopal Gas Co. was in the business of manufacturing chemicals that produced a large amount of toxic residue. As per procedure, they used to store the waste in insulated boxes and hand it over to the collecting van of the municipal corporation once a week. After one such collection, the van driver drove negligently resulting in the escape and spilling of the contents of one of the waste barrels. Is Bhopal Gas Co. liable?

Options

• Bhopal Gas Co. is strictly liable for the spill

• Bhopal Gas Co. is not liable for the spill

• Municipal Corporation is not liable for the spill

• Both Bhopal Gas Co. and Municipal Corporation are liable for the spill

Answer 1

Bhopal Gas Co. is not liable for the spill