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.