M. C. Mehta V. Union Of India Case Study

Good Essays
M.C. Mehta v. Union of India and Others, 1987 SCR (1) 819
(OLEUM GAS LEAK CASE)
M.C. Mehta v. Union of India is a famous tort law Indian case that brought in the concept of “Absolute Liability”. Every citizen has a right to fresh air and to live in a pollution free environment. This originated when Oleum gas leaked from Shriram Food and Fertilizers Industry in Delhi. This created a lot of panic among the people and laid down the principles of absolute liability.

FACTS
Shriram Food and Fertilizers Industry, a subsidiary company of Delhi Cloth Mills Ltd. was engaged in the manufacture of dangerous chemicals like caustic soda, chlorine, hydrochloric acid, stable bleaching powder, etc. On Dec 4th 1985, a large part of petroleum gas leaked from one of the units of the Industry in Delhi. The leakage was a result of mechanical and human errors. Due to leakage, the tank containing Oleum gas burst and the whole structure collapsed which resulted into several deaths and injuries. The whole accident created a panic among the people residing in that
…show more content…
The question as to what is the measure of liability of an enterprise engaged in dangerous and hazardous activity which in an accident injures or results in the death of person. The rule applied in Rylands v. Fletcher case provides that “that a person who for his own purpose brings on to his land and collects and keeps there anything likely to do mischief if it escapes must keep it at his peril and, if he fails to do so, is prima facie liable for the damage which is the natural consequence of its escape”. The liability under this rule is strict. It is no defence that the thing escaped without the person’s negligence, wilful act or default or without his knowledge. This rule applies only to non natural users of the land. It does not apply to the things naturally on the land or when the damage is due to an act of God or an act of a stranger or person injured is a

You May Also Find These Documents Helpful

  • Good Essays

    The Dustin Soldano v. Howard O’Daniels case models the common dispute between negligence and a party’s responsibility in an event. Likewise, chapter 1 of the Legal Environment textbook features Kuehn v. Pub Zone, a case that demonstrates a different scenario but the same battle of negligence and liability. The commonalities between the two cases support one another in the demonstration of the judges’ decisions as well as contribute to later common law.…

    • 691 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    History of Tort Law in India and Tort Law in the United States Of America…

    • 2111 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Many ethical issues are raised by the situation that occurred in 1984 at the Union Carbide Corporation plant in Bhopal, India. The most important is the moral and ethical duty to preserve and protect human life. Union Carbide's management, both in the United States and India failed to sufficiently protect its employees, the surrounding communities and environment from harm while operating its plant. It appears that the safety procedures at the plant were not a high priority for either Union Carbide officials or the Indian government. In respects to the Government of India, they would have had to weigh the issue of allowing Union Carbide to build the plant thereby increasing production of pesticides and grain output which in turn directly affected the lives of some seventy million people against the concession that they would enforce few laws requiring expensive environmental equipment and workplace protection. Was it a fair trade-off? Union Carbide created thousands of jobs and indirectly fed millions of people over the years. Is the adage "sacrifice the few to save the many" an ethical viewpoint? India thought so.…

    • 624 Words
    • 3 Pages
    Good Essays
  • Better Essays

    EDMG 240 Paper

    • 1019 Words
    • 3 Pages

    On July 17, 2001 there was an explosion at a Motiva Enterprises refinery. The refinery is located in Delaware City, Delaware. A work crew was working on the sulfuric acid tank when the explosion took place. The work crew was repairing a catwalk under hot work conditions. A spark fell into the vapors that were being emitted from the sulfuric acid tank and ignited. The vapors were being emitted through holes in the roof and shell. During the incident the tank collapsed and killed one worker and injured eight others. The collapse of the tank also released a large amount of sulfuric acid (CSB, 2002).…

    • 1019 Words
    • 3 Pages
    Better Essays
  • Good Essays

    Legal Issue

    • 375 Words
    • 2 Pages

    In regard to occupier’s liabilities, the case Australian Safeway Stores Pty Ltd v Zaluzna (1986) is assumed. The Zaluzna was injured when she slipped on the wet floor of the defendant’s supermarket. Z sued for damages. Although it had been a rainy day HCA held that ASSPL as an occupier owed Z a duty of care. As the risk was foreseeable ASSPL should have taken adequate precautions to avoid harm.…

    • 375 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Currie V Misa Case Study

    • 1503 Words
    • 7 Pages

    There is no section or legal principle can state the definition for consideration in a contractual element clearly before the case of Currie v Misa in 1875. The case of Currie v Misa (1875) All ER 686has play an important role in consideration. In the year of 1875, there was a company named Lizardi & Co sold four bills of exchanges to Misa. However, Lizardi & Co. was a debtor to a bank firm which owned by Mr. Currie and the company was being pressed for the payment. Then, Misa knew that Lizardi & Co. has stopped payments for the debts and have a lot of outstanding debt, he stopped his bankers not to issue the cheque to the Lizardi & Co. Therefore, the question arise in the case was whether the sales of the company which has an…

    • 1503 Words
    • 7 Pages
    Good Essays
  • Powerful Essays

    Lee R.G., Reviews – Liability and Environment: Private and Public Law Aspects of Civil Liability for Environmental Harm in an International Context. (2003) Journal of Environmental Law 15 JEL (427)…

    • 4700 Words
    • 16 Pages
    Powerful Essays
  • Good Essays

    Law 110

    • 1450 Words
    • 6 Pages

    In the case, Bob was driving without a care because he was changing a CD in his car. So, there is contributory negligence because there is Duty of care and Breach of duty. The likelihood and seriousness is high because He wasn’t watching the road while driving and Mary crossed the road without looking for traffic. So there is unexpected and freak hazard. Practicability of precautions. (Paris v Stepney Borough Council) and (Latimer v. AEC Ltd 1953). Bob caused damage to Mary by breaking her legs directly (no remoteness). For this personal physical injury Bob owes Mary’s pecuniary damages. This he must pay if Mary sues Bob in court.…

    • 1450 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Chemical disaster at Jaipur occurred on 29th October 2009 at 7:36 PM (IST). Fire broke out at Jaipur fuel storage and distribution terminal, owned by the Indian Oil Corporation (IOC) - India's largest oil company and PSU in terms of revenue at Sitapura Industrial Area on the outskirts of Jaipur, Rajasthan. The oil depot at Sitapura Industrial Area is about 16 kilometers away from the city of Jaipur. The Met department recorded a tremor measuring 2.3 on the Richter scale around the time the first explosion took place which resulted in shattering of glass windows nearly 3 kilometers from the accident site.…

    • 703 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Jaipur Disaster 2009

    • 635 Words
    • 3 Pages

    The fire was a major disaster in terms of deaths, injury, loss of business, property and man-days, displacement of people, environmental impact in Jaipur, the capital city of the Indian state of Rajasthan and a popular tourist destination. As per eyewitnesses having factories and hotels around Indian Oil’s Sitapura (Jaipur) Oil Terminal they felt presence of petrol vapour in the atmosphere around 4:00 p.m. on 29 October 2009. Within the next few hours the concentration of petrol vapour intensified making it difficult to breathe. The Ayush Hotel in the vicinity of the terminal asked all its guests to vacate the Hotel to avert any tragedy. The police, civil administration and fire emergency services were oblivious of the situation developing in Indian Oil Terminal.…

    • 635 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    In the early morning of December 3rd, 1984, over 40 tons of methyl isocyanate gas leaked from the UNION Carbide pesticide plant in Bhopal, India, the toxic cloud enveloping the surrounding population. The gas cleared at dawn, already having killed and injured many people. Four months after the release of this toxic pollution, over 3,800 people had been reported dead to the Indian government and approximately 11,000 with disabilities. Legal action and court settlements by mainly the Supreme Court of India followed immediately after the catastrophe, for the most part being charges against the officials and employees of Union Carbide Corporation and Union Carbide India Limited.…

    • 1425 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    law of negligence

    • 2777 Words
    • 8 Pages

    Over the last century, the modern tort of negligence originated with the House of Lords decision in Donoghue v Stevenson. This case was a significant keystone in the tort of negligence. It is famed because of Lord Atkins ‘neighbour principle' in which he sets out the framework for determining the existence of a duty of care. To that end, negligence liability is thus based on a core test known as the ‘neighbour principal'.…

    • 2777 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    English and Australian judges have, over the past few decades, severely questioned the juridical distinctiveness and utility of the rule in Rylands v Fletcher. The uncertainties surrounding Rylands v Fletcher have resulted in a chequered history in common law jurisdictions. In Australia the rule has been discarded, preferring to expand the law of negligence to capture the rule's former territory. While jurisdictions such as Canada, Ireland and New Zealand have tended to follow the lead of the recent decisions of the House of Lords in confining the rule to a narrow species of nuisance liability. In the United States, however, the wider rule has had more success. Strict liability should have a role to play and is consistent with the polluters pay principle, but in England and Wales it is now likely to be achieved only by legislation rather than case law.…

    • 282 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    The Economic framework that each society has, resulted in the different distribution of economic benefits and burdens across fellows of the society. These economic frameworks are the outcome of human political processes and they constantly change both across societies and within societies over time. This economic distribution of benefits and burdens affect the people’s lives. Arguments about which framework and resulting distributions are morally preferable, constitutes the topic of Distributive Justice. Also whenever we read about Justice, we always come crossway the word “Distributive Justice”. This notion of Distributive Justice was widely discussed by John Rawls in his various books. According to him, Distributive Justice is the justice in the distribution of wealth and goods. He also talked about end-state conceptions of distributive justice which says that there is some overall pattern of distribution we should aim at. He further said that Justice is a matter of closeness to the desired pattern. Distributive justice, a theory based on writings of John Rawls, has a major attention of distributing assets fairly among a dynamic and diverse group of members from a community. Rawls said that men have a right to equal respect and concern in the design of political institutions. Principles of Distributive Justice are therefore best thought of as providing moral guidance for the political processes and structures that affect the distribution of economic benefits and burdens in societies.…

    • 3526 Words
    • 15 Pages
    Powerful Essays
  • Good Essays

    1. It has been often said that about 50 to 60 per cent of the litigation work handled by lawyers somehow arises due to road accident claims commonly called running down cases. The main claims would be either loss of dependancy or injury claims or both. Prior to the introduction of major amendments by the Amendment Act No: A 602 amending Section 7 and also introducing the new Section 28A of the Civil Law Act 1956 (the CLA) the law for loss of dependancy and injury claims was largely governed by common law based on English law and case precedents. The amendments to CLA made by the Amendment Act No: 602 came into force on 1st October 1984. Sixteen years have passed and numerous judicial decisions have been made on the interpretation of these sections by Judges of High Court, Supreme Court and now Court of Appeal and Federal Court. 2. The question one often asks or is often confronted with is that, are these laws and their interpretations and applications fair to all concerned, in particular to the dependants whose bread winner has been killed or the accident victim who has been seriously injured or maimed? 3. In claims of this nature two elements need to be looked into. The first is the question of negligence and the other is damages which encompass bereavement, loss of dependancy, damages for pain and suffering loss of past and future earnings and other special damages. I shall not deal with the question of negligence in this article as it is still completely covered by common law principles and in my humble opinion the state of the law in our country as in many other common law jurisdictions seems to be satisfactory. Negligence in each case…

    • 6491 Words
    • 26 Pages
    Good Essays