ENV · S03Environmental justice through Tort Law (Absolute and Strict liability)Asked in 4 of 7 papers (Jun ’22, Dec ’23, Jun ’24, Jan ’25)
A hazardous gas factory’s equipment passes every scheduled inspection. An accident nevertheless releases toxic gas and injures neighbours. Applying the Oleum rule and assuming causation is established, what follows?
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Why
Pro
AInspection compliance conclusively transfers compensation liability to the inspectors
BNeighbours must identify a careless employee before compensation is possible
CReasonable care alone does not defeat compensation liability
DThe lawful character of the business makes accident losses non-compensable
Rule
Exam trap
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Daily question · Environmental Law · 4 Nov · mblnotes
