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How may an Indian court approach an English common-law rule that is unsuited to Indian circumstances…

English common-law reasoning can inform Indian decisions without binding Indian courts to unsuitable English rules. In the Oleum Gas Leak case, the Supreme Court developed a…

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How may an Indian court approach an English common-law rule that is unsuited to Indian circumstances when no binding Indian rule determines the point?

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Correct answer C

English common-law reasoning can inform Indian decisions without binding Indian courts to unsuitable English rules.

In the Oleum Gas Leak case, the Supreme Court developed a rule of hazardous-enterprise liability suited to Indian conditions.

Option feedback

Option A

There was no wholesale reception making every English rule binding.

Option B

Institutional history does not require automatic application of an unsuitable substantive rule.

Option C

Indian courts may consider English decisions and develop suitable principles for local conditions within the limits of binding Indian law.

Option D

The fact that legislation is silent does not give judge-made equity unlimited coverage.

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