Difference between strict liability absolute liability

Difference between Strict Liability & Absolute Liability

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

 

 

Difference between Strict Liability & Absolute Liability-

Tanmoy Mukherjee

Advocate


Basis

 

Strict Liability

 

Absolute Liability

 

Origin

 

English Law

 

Indian Law

 

Leading Case

 

Rylands v/s Fletcher (1868)

 

M.C. Mehta vs Union of India (Oleum Gas Leak, 1987)

 

Meaning

 

Strict Liability is a rule of tort law where a person is held liable for damage without proof of negligence or intention, but with recognized exceptions.

 

Absolute Liability is modified and strengthened version of strict liability, developed by the Indian Supreme Court.

 

Essentials

 

Dangerous thing.

Brought by the defendant.

Non-natural use of land.

Escape of the Dangerous thing.

Damage caused.

Defences available.

 

Hazardous or Inherently dangerous activity.

 Enterprise engaged in such activity

Occurrence of harm or damage.

Nexus between Activity and Harm.

No requirement of Escape.

Compensation based on capacity of enterprise.

No defenses available.

 

Scope of application

 

Non Natural use of land causing damage.

 

Hazardous or Inherently dangerous Industry.

 

Nature of Liability

 

Limited.

 

Absolute and unlimited.

 

Defences

 

 Act of God

 Act of Third party

 Plaintiff's own fault

Consent of plaintiff

 Statutory authority

No defenses.

 

Public Policy

 

Private law and remedy

 

Public interest and social justice

 

Compensation principle

 

Damage based compensation.

 

Compensation based on magnitude and capacity of enterprise.

 

Aim

 

Developed to balance-

Individual freedom of land use.

Protection of neighboring property and persons.

 

It reflects

Social justice

Environmental protection

Right to life under Art-21

 

Policy justification

 

Developed for small scale risk

Allowance escape through defenses

Inadequate mass industrial harm.

 

Industries have deep pockets.

Victims are often helpless.

Risk is created for profit.

Preventive and deterrent effect.

 

Important cases

 

Ryland v/s Fletcher (1868) - Foundation case.

Read v/s Lyons (1947) - No escape - No liability.

 

M.C. Mehta v/s Union of India (1987 Oleum Gas Leak)

Charanlal Sahu v/s Union of India (1990 - Bhopal Gas case)

Indian Council For enviro - Legal action v/s Union of India (1996 - polluter pays principle)

Vellore Citizens Welfare Forum v/s Union of India (1996) - Sustainable development.