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?
Answer and explanation
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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