CONCEPT OF STRICT AND ABSOLUTE LIABILITY
Strict liability and Absolute liability functions under the no-fault liability principle which says that- If a person/enterprise brings any hazardous/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.
Strict liability– The principle of strict liability evolved in the case of Rylands v Fletcher. In the year 1868, the principle of strict liability states that any person who keeps hazardous substances on his premises will be held responsible if such substances escape the premises and cause any damage. Going into the facts of the case, F had a mill on his land, and to power the mill, F built a reservoir on his land. Due to some accident, the water from the reservoir flooded the coal mines owned by R. Subsequently, R filed a suit against F. The Court held that the defendant built the reservoir at his risk, and in course of it if any accident happens then the defendant will be liable for the accident and escape of the material.
Essentials of Strict Liability
The three essential points regarding strict liability are:
- Some dangerous thing must have been brought on one’s land.
- There must be non-natural use of land.
- The dangerous thing bought must escape and cause damage.
The exception to the rule of Strict Liability
- Plaintiffs own fault
- Act of God
- Volenti non-fit injuria
- Act of stranger
- Statutory authority
Absolute Liability- In simple words, it can be defined as the rule of strict liability minus the exceptions. The rule of absolute liability evolved in the case of MC Mehta vs. union of India. Going into the facts of the case, A company named Union Carbide set up a plant in Bhopal. The plant manufactured pesticides and such products. On the night of 2nd December 1984, the plant leaked 40 tons of dangerous gas (methyl isocyanate). The adjoining area around the plant became a gas chamber because of which 3000 people died, and various others were injured. During the investigation, it was found that all the safety systems of the plant were non-functional. The Supreme Court decided not to follow the rule of strict liability as this would result in such industries escaping the liability for the damage caused and lost lives.
Strict liability is a concept of the 18th century. 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 MC Mehta vs Union of India, also known as the Oleum Gas Leak case.
Difference Between Strict Liability and Absolute Liability
- In strict liability, any person can be made liable, whereas, in absolute liability, only an enterprise can be made liable.
- In strict liability, the escape of a dangerous thing is necessary, whereas, in absolute liability, an enterprise can be made responsible even without an escape.
- Certain exceptions are available to a person in strict liability, whereas no defences are available in absolute liability.
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