Section 3 of the Public Liability Insurance Act 1991 imposes liability on the owner of hazardous substances on:
Answer & Solution
Correct answer: B.
1. Section 3(1) Public Liability Insurance Act 1991: 'Where death or injury to any person (other than a workman) or damage to any property has resulted from an accident, the owner shall be liable to give such relief as is specified in the Schedule for such death, injury or damage.'
2. Section 3(2): NO-FAULT LIABILITY — 'the claimant shall not be required to plead and establish that the death, injury or damage in respect of which the claim has been made was due to any wrongful act, neglect or default of any person.'
3. The relief is IMMEDIATE — no waiting for fault determination.
4. The Act adopts the ABSOLUTE LIABILITY doctrine of M.C. Mehta (Oleum Gas Leak, 1987).
5. Hence option B is correct.
_Source: EPA 1986 / Constitution / International Conventions — Public Liability Insurance Act 1991, Section 3_
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