Gloucester Grammar School Case is a landmark case based - Practice (English)

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Gloucester Grammar School Case is a landmark case based - Practice (English) | ObjectiveMcq

PracticeLaw Of TortGeneralGloucester Grammar School Case is a...

General Law Of TortEasy

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Gloucester Grammar School Case is a landmark case based on which of the following maxim?

Correct Answer: A — Damnum sine injuria

Explanation:

This doctrine means damage without legal injury — where actual harm occurs but no legal right is violated. In such cases no action in tort lies, as courts require both damage and violation of a legal right.

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The Supreme Court observed, Where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a-vis the tortious principle of strict liability. In such a case, the measure of compensation must be correlated to the magnitude and capacity of the enterprise because such compensation must have a deterrent effect. The larger and more prosperous the enterprise, the greater must be the amount of compensation payable by it for the harm caused on account of an accident in the carrying on of the hazardous or inherently dangerous activity by the enterprise.

Name the case.