Difference between Strict Liability & Absolute Liability
Dr. Tanmoy Mukherjee
Advocate
Difference between Strict Liability & Absolute Liability-
Tanmoy Mukherjee
Advocate

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Basis
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Strict Liability
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Absolute Liability
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Origin
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English Law
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Indian Law
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Leading Case
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Rylands v/s Fletcher (1868)
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M.C. Mehta vs Union of India (Oleum Gas Leak, 1987)
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Meaning
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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.
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Absolute Liability is modified and strengthened version of strict liability, developed by the Indian Supreme Court.
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Essentials
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→ Dangerous thing. → Brought by the defendant. → Non-natural use of land. → Escape of the Dangerous thing. → Damage caused. → Defences available.
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→ 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.
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Scope of application
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Non Natural use of land causing damage.
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Hazardous or Inherently dangerous Industry.
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Nature of Liability
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Limited.
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Absolute and unlimited.
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Defences
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→ Act of God → Act of Third party → Plaintiff's own fault → Consent of plaintiff → Statutory authority |
No defenses.
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Public Policy
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Private law and remedy
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Public interest and social justice
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Compensation principle
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Damage based compensation.
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Compensation based on magnitude and capacity of enterprise.
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Aim
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Developed to balance- →Individual freedom of land use. →Protection of neighboring property and persons.
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It reflects →Social justice →Environmental protection →Right to life under Art-21
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Policy justification
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→Developed for small scale risk →Allowance escape through defenses →Inadequate mass industrial harm.
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→Industries have deep pockets. →Victims are often helpless. →Risk is created for profit. → Preventive and deterrent effect.
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Important cases
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→Ryland v/s Fletcher (1868) - Foundation case. →Read v/s Lyons (1947) - No escape - No liability.
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→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.
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