Principle: A person who brings onto his land something likely to do mischief if it escapes is strictly liable for the damage caused by its escape, if he made a non-natural use of the land. Facts: A factory owner stores a large quantity of toxic chemical in tanks on his land. The tanks burst without any fault of his, and the chemical flows into a neighbour's well. Is he liable?
Answer and explanation
Correct answer: D. Yes, he is strictly liable for the escape
- Step 1: Under Rylands v Fletcher, fault is not required, and in India the rule of absolute liability is even stricter.
Answer
Yes, he is strictly liable for the escape.
Why not the others: Proof of negligence is not required.
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