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 factory is sued for illness. Reliable evidence establishes that this illness came entirely from an unrelated household product, not the factory’s operations. Does the Oleum principle itself establish the factory’s liability for this illness?
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Why
Pro
AYes; a successful reasonable-care defence is required before causation matters
BNo; only the absence of a criminal conviction prevents compensation
CYes; hazardous status makes the factory liable for every illness in the district
DNo; the stipulated causal connection to the hazardous activity is absent
Rule
Exam trap
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Answer every past question, then see why
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