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International Journal of
Law
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VOL. 6, ISSUE 4 (2020)
National green tribunal (NGT) in vizag gas leak case: Strict liability versus absolute liability: Aristotle’s distributive justice and corrective justice vis-à-vis fairness conception in tort law
Authors
Sreenivasa Murthy MR, Syamala K
Abstract
The recent NGT interim order in Vizag Gas Leak case referred to the obsolete law ‘strict liability’ in Vizag Gas Leak tragedy. Considering its non-suitability, in the year 1986 the Supreme Court of India in Oleum Gas leak case rejected the same and applied the ‘absolute liability rule’. Criticism poured in against NGT’s interim order for providing escape route to the LG Polymers on the ground of non-negligence. This raised the debate about the shortfalls of the corrective justice conception of Aristotle’s Nicomachean Ethics vis-à-vis strict liability in the tort law accident cases which relives the injurer from liability on the ground of Force Majeure. Considering the views of different jurists and the conception of fairness, the suitability of absolute liability rule to the modern-day tort law was argued to counter the NGT interim order. The article attempted to explore the rightness of the expression ‘strict liability’ used by NGT.
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Pages:77-82
How to cite this article:
Sreenivasa Murthy MR, Syamala K "National green tribunal (NGT) in vizag gas leak case: Strict liability <em>versus</em> absolute liability: <em>Aristotle’s distributive justice and corrective justice vis-à-vis fairness conception in tort law</em>". International Journal of Law, Vol 6, Issue 4, 2020, Pages 77-82
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