@article{ART002655767},
author={Choung, Young-Hwan},
title={Study of No-Fault Liability in the Common law System: Focusing on the Rule of Absolute Liability in India},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2020},
number={89},
pages={113-138},
doi={10.31839/DALR.2020.11.89.113}
TY - JOUR
AU - Choung, Young-Hwan
TI - Study of No-Fault Liability in the Common law System: Focusing on the Rule of Absolute Liability in India
JO - DONG-A LAW REVIEW
PY - 2020
VL - null
IS - 89
PB - The Institute for Legal Studies Dong-A University
SP - 113
EP - 138
SN - 1225-3405
AB - According to the New Southern Policy, the volume of trade between Korea and India was increased. However, Korean, especially related businessmen, do not have a deep understanding to India’s legal and economic circumstances. In May 2020, LG Chemical was involved a gas leakage accident in India caused at least 13 deaths. In India, there are a strong opinion to apply the rule of Absolute Liability into the gas leakage accident caused by LG Chemical.
Based on Bhopal gas leakage accident, this disaster resulted in the death of at least 3700 death and serious injuries. In M.C. Mehta v. Union of India, the India Supreme Court developed the Absolute Liability theory even though the India judiciary have adopted the rule of Strict Liability originally came from U.K.
The India Supreme Court evolved the rule of Absolute Liability because the rule Strict Liability from Rylands v. Fletcher came from the 19th Century and it could not be applicable in a totally different kind of economy of India. The Indian judiciary devolve that an enterprise should be absolutely liable for a potential threat to the health and safety of the persons who work or reside around it that is engaged in a hazardous or inherently dangerous industry poses. However, some criticized that the rule of Absolute Liability does not provide a clear and definite terms of ‘hazardous or inherently dangerous activity’ even though the rule of Strict Liability provides the elements and exception as defenses.
KW - India;Torts;No-fault Liability;Strict Liability;Absolute Liability
DO - 10.31839/DALR.2020.11.89.113
ER -
Choung, Young-Hwan. (2020). Study of No-Fault Liability in the Common law System: Focusing on the Rule of Absolute Liability in India. DONG-A LAW REVIEW, 89, 113-138.
Choung, Young-Hwan. 2020, "Study of No-Fault Liability in the Common law System: Focusing on the Rule of Absolute Liability in India", DONG-A LAW REVIEW, no.89, pp.113-138. Available from: doi:10.31839/DALR.2020.11.89.113
Choung, Young-Hwan "Study of No-Fault Liability in the Common law System: Focusing on the Rule of Absolute Liability in India" DONG-A LAW REVIEW 89 pp.113-138 (2020) : 113.
Choung, Young-Hwan. Study of No-Fault Liability in the Common law System: Focusing on the Rule of Absolute Liability in India. 2020; 89 : 113-138. Available from: doi:10.31839/DALR.2020.11.89.113
Choung, Young-Hwan. "Study of No-Fault Liability in the Common law System: Focusing on the Rule of Absolute Liability in India" DONG-A LAW REVIEW no.89(2020) : 113-138.doi: 10.31839/DALR.2020.11.89.113
Choung, Young-Hwan. Study of No-Fault Liability in the Common law System: Focusing on the Rule of Absolute Liability in India. DONG-A LAW REVIEW, 89, 113-138. doi: 10.31839/DALR.2020.11.89.113
Choung, Young-Hwan. Study of No-Fault Liability in the Common law System: Focusing on the Rule of Absolute Liability in India. DONG-A LAW REVIEW. 2020; 89 113-138. doi: 10.31839/DALR.2020.11.89.113
Choung, Young-Hwan. Study of No-Fault Liability in the Common law System: Focusing on the Rule of Absolute Liability in India. 2020; 89 : 113-138. Available from: doi:10.31839/DALR.2020.11.89.113
Choung, Young-Hwan. "Study of No-Fault Liability in the Common law System: Focusing on the Rule of Absolute Liability in India" DONG-A LAW REVIEW no.89(2020) : 113-138.doi: 10.31839/DALR.2020.11.89.113
