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In *Jay Laxmi Salt Works (P) Ltd. v. State of Gujarat, 1994 SCC (4) 1, JT 1994 (3) 492*, the Supreme Court observed that the law of torts is founded on which principle and what is the Court's view on the strict / fault liability distinction?
Answer & Solution
Correct answer: C.
1. ***Jay Laxmi Salt Works (P) Ltd vs State of Gujarat, 1994 SCC (4) 1*** observed: '**Truly speaking entire law of torts is founded and structured on morality that no one has a right to injure or harm others intentionally or even innocently**.'
2. The Court added that 'it would be primitive to class strictly or close finality to the ever-expanding and growing horizon of tortious liability'.
3. **'Liability in tort which in course of time has become known as 'strict liability', 'absolute liability', 'fault liability' have all gradually grown'**. Strict and absolute liability arise from **special use bringing increased dangers**; fault liability arises from **presence of mental element**.
4. The Court endorsed the **liberal approach** to tortious liability, especially in light of social development and welfare-state philosophy.
_Source: ICSI CS Executive — Lesson 6, *Jay Laxmi Salt Works v. State of Gujarat*, p. 146._
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