Right of recourse

Published : Dec 03, 2010 00:00 IST

Article 10 of the Convention on Supplementary Compensation, Annex says that a country's national law may provide that the operator of a nuclear power plant (NPP) shall have a right of recourse to seek damages from the suppliers of nuclear equipment and material only:

if this is expressly provided for by a contract in writing;

if the nuclear incident results from an act of omission done with intent to cause damage, against the individual who has acted or omitted to act with such intent.

Article 17 of India's Civil Liability for Nuclear Damage Act of 2010 says that the operator of the nuclear installation, after paying the compensation for nuclear damage, shall have a right of recourse where such right is expressly provided for in a contract in writing;

the nuclear incident is a consequence of an act of the supplier or his employee, which includes supply of equipment or material with patent or latent defects or substandard services;

the nuclear incident has resulted from an act of commission or omission of an individual done with the intent to cause nuclear damage.

Sign in to Unlock member-only benefits!
  • Bookmark stories to read later.
  • Comment on stories to start conversations.
  • Subscribe to our newsletters.
  • Get notified about discounts and offers to our products.
Sign in

Comments

Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide to our community guidelines for posting your comment