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Doctrine of Strict Liability
The Doctrine of Strict Liability holds that a person (defendant) can be held responsible for harm caused to another person (plaintiff) even if there was no negligence or intention to cause harm on the defendant's part.
Origin of the Principle
Case Law: Rylands vs Fletcher
Facts of the Case:
- A mill owner (A) hired a contractor to build a reservoir to supply water to the mill.
- The contractor failed to block disused shafts beneath the reservoir site during construction.
- When the reservoir was filled, water escaped through these shafts, flooding the neighboring coal mines owned by B.
Legal Outcome:
- The mill owner (A) was held liable for the damage caused to B, despite the negligence being on the contractor's part.
- This case established that liability arises from the escape of dangerous substances, regardless of negligence.
Application of Strict Liability
The principle applies to situations involving the escape of hazardous materials such as:- Fumes, gas, or electricity.
- Wild animals or any other dangerous substances.
Example
If someone keeps a dangerous substance on their land and it escapes, causing harm, they can be held liable under this principle.
Essential Ingredients for Strict Liability
Dangerous Thing- The defendant must keep a dangerous thing on their land, which is likely to cause harm if it escapes.
Escape
- The dangerous thing must escape from the defendant's property.
- Example: If branches of a poisonous tree extend into a neighbor's land and harm the neighbor's cattle, the defendant can be held liable.
Non-Natural Use of Land
- The defendant's use of land must be non-natural, meaning it poses an increased risk to others.
- Example: In Rylands vs Fletcher, storing large quantities of water in a reservoir was considered a non-natural use of land.
Exceptions to the Rule in Rylands vs Fletcher
Act of God- If the escape of the dangerous thing is due to unforeseen and supernatural forces (e.g., natural disasters), the defendant can use the defense of Act of God.
Consent of the Plaintiff
- If the plaintiff consents to the accumulation of the dangerous thing, they cannot sue if harm occurs.
- Principle: Volenti non fit injuria (where there is consent, there is no injury).
Plaintiff's Own Fault
- If the escape and resulting harm occur due to the plaintiff's own negligence, the defendant is not liable.
Case Law: Ponting v. Noakes:
- A poisonous tree on the defendant's land caused the death of the plaintiff’s horse after it nibbled the leaves.
- The court ruled that the defendant was not liable as the damage resulted from the plaintiff's negligence.
Wrongful Act of a Third Party
- If the harm is caused by the actions of a third party not under the defendant’s control, the defendant is not liable.
Question for Doctrine of Strict Liability and Absolute LiabilityTry yourself: Which of the following is an essential ingredient for establishing strict liability under the Doctrine of Strict Liability?View Solution
Doctrine of Absolute Liability
The doctrine of absolute liability was established by the Supreme Court of India as a stronger alternative to the rule of strict liability from the case of Rylands vs. Fletcher. Unlike strict liability, absolute liability does not allow for any exceptions.
Significance
This doctrine gained prominence after the Bhopal Gas Tragedy and the leakage of oleum gas. The Supreme Court ensured that industries dealing with hazardous substances could not evade liability.
- Bhopal Gas Tragedy: Escape of methyl isocyanate from the Union Carbide plant caused immense harm to innocent lives.
- M.C. Mehta vs. Union of India: Leakage of oleum gas from Sriram Foods and Fertilizers Industries raised concerns about industrial safety and liability.
Adoption in Indian Courts
The Supreme Court chose absolute liability to prevent industries from escaping responsibility by citing exceptions under strict liability. Indian courts now favor this doctrine in cases involving hazardous substances.
I. Assault
- Definition: Actions by one party that instill a reasonable fear of imminent harm in another person. It constitutes an attempt or threat to inflict harm, accompanied by the apparent ability and intention to carry it out.
- Examples:
- A approaches B with clenched fists, but C intervenes.
- Pointing a pistol, whether loaded or not, at someone.
II. Battery
- Definition: Intentional application of physical force to another person without consent or lawful justification. This includes striking or touching someone in a rude, angry, or vengeful manner.
- Examples:
- Throwing a stone at B and hitting him.
- Spitting on someone's face.
III. Defamation
Definition: Damaging a person's reputation in the eyes of the public through words, gestures, images, or caricatures.
Types:
- Libel: Defamatory statement in a permanent and visible form.
- Slander: Defamatory statement in spoken words.
Essentials of Defamation:
- The statement must be defamatory.
- It must refer to the plaintiff.
- The statement must be published.
Examples of Publication:
- A telling B in the presence of C that B is a rogue.
- Writing a defamatory letter about B (a blind person) knowing someone else will read it.
Defenses Against Defamation:
- Truth: If the statement is largely true, it is a complete defense.
- Fair and Bona Fide Comment: Genuine comment on matters of public interest.
- Privilege:
- Absolute privilege: Statements made in Parliament.
- Qualified privilege: Statements made to protect personal or business interests.
IV. Nervous Shock
Definition: Legal acknowledgment of mental suffering or emotional distress caused by a defendant's negligence.
Example:
- A practical joke about a severe injury to a plaintiff's husband causing nervous shock.
Case Law: Bourhill vs. Young
- A fisherwoman witnessed a motorcyclist's accident, suffered nervous shock, and delivered a stillborn child. Her claim was denied as the motorcyclist owed her no duty of care.
Question for Doctrine of Strict Liability and Absolute LiabilityTry yourself: Which of the following legal actions involves intentional application of physical force to another person without consent or lawful justification?View Solution
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FAQs on Doctrine of Strict Liability and Absolute Liability - Legal Reasoning for CLAT
| 1. What is the Doctrine of Strict Liability? |  |
Ans. The Doctrine of Strict Liability is a legal principle that holds a party responsible for their actions or products regardless of fault or intent. It typically applies in cases involving inherently dangerous activities or defective products, where harm results regardless of the precautions taken by the defendant.
| 2. How does the Doctrine of Absolute Liability differ from Strict Liability? | |
Ans. The Doctrine of Absolute Liability is a more stringent form of liability that does not allow any exceptions or defenses for the defendant. While Strict Liability may allow for defenses such as contributory negligence, Absolute Liability imposes liability regardless of any fault or negligence, particularly in cases involving hazardous activities.
| 3. In what scenarios is the Doctrine of Strict Liability typically applied? | |
Ans. The Doctrine of Strict Liability is commonly applied in cases involving dangerous activities such as blasting, keeping wild animals, and manufacturing defective products. It is used to protect individuals from harm caused by these activities, even if the party responsible took all necessary precautions.
| 4. Can a defendant escape liability under the Doctrine of Absolute Liability? | |
Ans. No, a defendant cannot escape liability under the Doctrine of Absolute Liability. This doctrine imposes liability without considering fault or negligence, meaning that if a person engages in an inherently dangerous activity that causes harm, they are held fully responsible for any resulting damages, regardless of the circumstances.
| 5. What are some landmark cases related to the Doctrine of Strict Liability and Absolute Liability? | |
Ans. Landmark cases include Rylands v. Fletcher, which established the principle of Strict Liability, and M.C. Mehta v. Union of India, which applied the Doctrine of Absolute Liability in India. These cases have significantly shaped the understanding and application of both doctrines in legal contexts.
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