Category: Tort and Criminal Liability

ISSUE:

Can the accused persons be held guilty of the negligible act of running a defective plant of MIC without reasonable care and caution and without informing the local people about the remedial precautions?

RULE:

A company owes a duty of care, and if it falls far below the standard required, it is guilty of gross negligence. The concept of negligence in the law of tort is the same in criminal law. The difference is criminal negligence must be 'gross'.

ISSUE:

Whether these harmful industries should be permitted to operate in these areas?

Whether a regulatory mechanism should be established if they are permitted to function in such areas?

RULE:

Any industry involved in hazardous or dangerous activities that causes harm to the environment or the people through any accident would be held absolutely liable.