PGLAW 2015 Panjab University Entrance Exam With Answers

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38.

The Rule Of Absolute Liability :

A: Is the subject to all the general exceptions
B: Is subject to the same exceptions as the rule of vicarious liability
C: Is subject to the same exceptions as the rule of strict liability
D: Does not recognise any exception

The answer is: D

Explanation

The rule of absolute liability is a legal principle that imposes liability on a party regardless of fault or negligence. In other words, the defendant is liable for any damages or harm caused, regardless of whether they intended to cause the harm or took reasonable precautions to prevent it.

The answer is (D) - the rule of absolute liability does not recognize any exception. This means that the defendant cannot escape liability by showing that they took reasonable care or that the harm was caused by someone else. Absolute liability is strict liability taken to its extreme, and it is typically applied in situations where there is a high risk of harm or where the activity is inherently dangerous, such as in cases involving hazardous waste disposal, dangerous animals, or blasting activities.

It is important to note that absolute liability is a rare and extreme form of liability and is typically only used in very specific circumstances. Most legal systems rely on fault-based liability, which requires the plaintiff to prove that the defendant was negligent or intentionally caused harm.