Strict Liability and Absolute Liability | Law of Torts

Описание: Kindly refer to the Pinned Comment!
Tort of Strict Liability and Absolute Liability are very interesting and important Topics. The rule of Strict liability was propounded in the case of Ryland v. Fletcher. With the passage of time and evolving power of Science; the Rule of Absolute Liability was for the first time applied in the case of M.C. Mehta v. Union of India which is also known as the Oleum Gas Leak Case

Both of these Torts function under the 'No Fault Liability' Principle - which says that if a person/enterprise brings any hazardous or dangerous substance of non-natural use in its premises and if that substance escapes and does any mischief - then whatever loss the other party suffers - that person/enterprise shall be made liable for it!

The Difference between Strict Liability and Absolute Liability are:-
1. For a Tort of Strict Liability any person can be Made liable; whereas in the Tort of Absolute Liability only an Enterprise can be made liable.
2. In a Tort of Strict Liability Escape is Necessary whereas an enterprise can be made responsible for Absolute Liability even without an Escape.
3. There are certain Defences/Exceptions that are available to a person in the case of Strict Liability whereas No defences/Exceptions are available in the case of Absolute Liability.

*****M.C. Mehta v. Union of India = Oleum Gas Leak Case = Laid down the principle of Absolute Liability
*****Union Carbide Corporation v. UOI = Bhopal Gas Tragedy


I have tried to cover various characteristics of Strict Liability and Absolute Liability with Case Examples

Tort of Strict Liability and Absolute Liability are very interesting and important Topics for any Competitive law Exam such as NET/NTA 2018, CLAT 2019, Judiciary.

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