About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

20 Supremo Amicus 596 (2020)
Strict Liability v. Absolute Liability

handle is hein.journals/supami20 and id is 608 raw text is: SUPREMO AMICUS VOLUME 20 ISSN: 2456-9704 STRICT LIABILITY V. ABSOLUTE LIABILITY By Vidisha Rana From Presidency University ABSTRACT: According to the topic mentioned strict liability v. absolute liability the main aim of doing this particular study is to compare both the liabilities. Basically both are similar. Liability arises when a person's legal right is violated. It is the duty of every person to take care that he is not violating anyone's right. If he do so he shall be liable for it. For it to be a liability it must be a wrongful act. Absolute liability has evolved from strict liability. When we talk about strict liability also called no fault liability, the legal right of plaintiff is violated but not by the defendant. But even then the defendant is held liable for the wrong and have to pay the compensation. There are certain essentials for strict liability like a dangerous thing should escape from ones land when the land is being used for some purpose which is not natural. There are some defences which can be used like when it is the fault of the plaintiff, act of third party, plaintiff's own concern, act of god etc. Next, when we talk about absolute liability which is evolved from strict liability. According to absolute liability any hazardous thing which an industry is keeping it should take good care of it so that it doesn't harm any other person. Essentials of absolute liability are that the enterprise should get engaged in any hazardous activity and it is not necessary that it escapes. So the liabilities differ according to the essentials and the defences can be taken depending upon the situation. 17M.C. Mehta V. UOI 816 SC 1986 Keywords: Strict liability, Absolute liability, Hazardous INTRODUCTION: Liability occurs when a person violates another's right. We all know that one person's right is another person's duty. One should respect the right of another and work according to that it does not infringes anyone's right. It is obvious that if one infringes a person's right one will definitely be liable for it and will have to pay compensation for it. For the liabilities to be differentiated according to its effects, law has differentiated it into three parts: strict liability, absolute liability and vicarious liability. The outright obligation is the utilization of strict risk, yet without the exceptions. The manager of supreme risk was advanced on account of M.C. Mehta V. Union of India 1711, and took strict risk forward by saying which involved an undertaking with a development at risk is a subject for harm coming as a result of such activity and so as to compensate each other whosoever are influenced by the mishap. Entire obligation is required form of strict strict risk laid by Ryland's v. Fletcher1712 and was realised by the Supreme Court of India in M. C. Mehta v. Association of India This particular case began in the outcome of M.C. Mehta case where oleum gas was spilled out from Shriram Food and Fertilizers in the capital of India. This case happened soon after the Bhopal gas leak case. Justice Bhagwati gave his reviews that in the particular era it is really important for us to update with the advancement of the society. At this particular stage mechanical improvements are really important. Yes, we all know that risky business in important in order to survive in today's world and also in the completion of the advanced program. 1712 Rayland V. Flether 330 UKHL 1868 PIF 6.242 www.supremoamicus.org 596

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most