THREADBrowse · 8 entries, read in order

Harm from industry

Bhopal, the rule made after it, and the gaps that remain when many people are harmed at once.

01
Encyclopedia · Doctrine
Absolute Liability
Liability without exceptions for enterprises engaged in hazardous activity, and how it departs from strict liability.
Wanted
02
Review · Lineage
Hazardous Enterprise, from Rylands to Oleum Gas
The path from strict liability with exceptions to absolute liability without them, and the doubt in the Bhopal settlement review.
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03
Review · Dissent
The Separate Opinions on the Bhopal Act
Judges who upheld the State’s takeover of victims’ claims while doubting whether the victims had been heard.
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04
Review · Dissent
Ahmadi J. in the Bhopal Settlement Review
The dissent on whether the Union must make good a shortfall in the settlement fund.
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05
Encyclopedia · Principle
Polluter Pays
The polluter bears the cost of both compensating victims and restoring the environment: how Indian courts quantify it.
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06
Encyclopedia · Test
Computing Environmental Compensation
How courts and the Green Tribunal quantify damage: restoration cost, turnover-based penalties and deterrence.
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07
Proposals · Lacuna
No Working Class Action for Mass Harm
Representative suits and the Companies Act class action exist, but there is no general opt-out damages mechanism for mass torts and consumer harm.
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08
Proposals · Lacuna
No Rule on a Parent Company’s Liability
When a subsidiary causes mass harm, Indian law has no settled basis for reaching the parent that controlled it.
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