Rough draft of law of torts

Liability for Environmental Pollution

CHANAKYA NATIONAL LAW UNIVERSITY

MITHAPUR, PATNA (800001)
SESSION

2018-2023

Submitted by: Submitted to:

SHUBHAM SUDHASHIL Mrs. SUSHMITA SINGH

ROLL NO. 1976 (Lecturer of law of torts)

Introduction

The launch of contaminants into the environment that might lead to unfavorable changes to the
environment can be defined as ENVIRONMENTAL POLLUTION. The need for protection and
conservation of environment and sustainable use of natural resources is reflected in the
constitutional framework of India.

Where any damage is caused to the plaintiff by environmental pollution, the polluter shall be
strictly liable under law of torts.

Aims and objectives

The objective of this research is to study what environment pollution is in the eyes of law of
torts, and to study about the liability for environmental pollution.

Research questions

1. What is the liability for environmental pollution?

2. How liability applied on the defendant (polluter)?
3. What are the factors for establishing strict liability upon the defendant?
4. What are the general defenses?

Hypothesis

Pollution liability is a contractor based liability, provides third party coverage for bodily
injury, property damage.
Tentative Chapterization

1. Meaning of environmental pollution

2. Liability imposed for environmental pollution
3. Principles on which the liability of environmental pollution is based
4. General defenses
5. Cases

Bibliography

1. Law of torts by R.K. Bangia

2. http://www.isca.in/IJENS/Archive/v1/i3/8.ISCA-IRJEvsS-2012-043.pdf
3. http://www.mondaq.com/india/x/624836/Waste+Management/Environment+Laws
+In+India