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LLB 3 years Sem 2 Environmental Laws 2018-19 Question Paper with Solutions

Mumbai University Solved Question Papers

Environmental Laws

Previous Year Question Paper with Solution

LLB 3 years · Sem 2

2018-19 Examination

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Mumbai

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First published on munotes.in on 17 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.

The question paper reproduced here is the paper as set by the University of Mumbai at the 2018-19 examination.

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The Paper as Set

The questions in this volume are the questions asked at the 2018-19 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.

Duration 3 hours  ·  Total marks 100  ·  25 questions answered

How to use this volume

Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.

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SECTION I

Answer the followings, not more than two sentences

all 10 · 20 Marks

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1.Define strict liability.[2]

Answer

Meaning. Strict liability is liability without proof of negligence, for damage caused by the escape of a dangerous thing from a person's land.

The rule. It comes from Rylands v. Fletcher (1866). A person may bring onto his land, for his own purposes, something likely to do mischief if it escapes. He keeps it there at his peril. He is prima facie liable for all the damage that naturally follows its escape.

In that case. The defendant had a reservoir built on his land. Water burst through old mine shafts and flooded the plaintiff's mine. He was held liable though he had not been negligent.

Four ingredients.

  1. The defendant brought something onto his land.
  2. It was likely to do mischief if it escaped.
  3. It escaped.
  4. The use of land was non-natural.

Exceptions.

  1. Act of God, such as an extraordinary natural event.
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  1. Act of a stranger over whom the defendant had no control.
  2. Default of the plaintiff himself.
  3. Consent of the plaintiff.
  4. Statutory authority.

Natural use of land is sometimes listed as a sixth.

In environmental accidents. A factory storing toxic chemicals that leak onto neighbouring farms may be strictly liable.

India went further. In M.C. Mehta v. Union of India (Oleum Gas Leak), AIR 1987 SC 1086, the Supreme Court held that a hazardous enterprise is absolutely liable. None of these exceptions apply to it.

In short. Liability without fault, but subject to exceptions.

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