Strict and Absolute Liability: Rylands v. Fletcher and MC Mehta v. Union of India, Summaries of Law

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Lecture on

STRICT LIABILITY &

ABSOLUTE LIABILITY

Prepared by: Mrs. RABAB KHAN Assistant Professor, Faculty of Law, AMU, Aligarh

INTRODUCTION

• A general rule is that a person is liable if he commits a tort either intentionally or negligently.
• But an exception to this general rule is “STRICT LIABILITY” which is also known as “NO FAULT LIABILITY”.
• Irrespective of any intention or default on the part of defendant, if certain conditions are fulfilled, he will be responsible.
• In England, the Strict Liability was laid down in Rylands v. Fletcher in the year of 1868.

• Thus, the Rule is: If a person brings on his land & keeps there any dangerous thing which is likely to do mischief if it escapes, he’ll be answerable for the damage caused by its escape even though he had not been negligent in keeping it there.

ESSENTIAL INGREDIENTS

Dangerous

thing

Escape of

dangerous

thing

Non-natural

use of land

POSITION IN INDIA

STRICT

LIABILITY

Motor Vehicle Accidents Railways Accidents Carriage of goods by land

PRINCIPLE OF ABSOLUTE

LIABILITY(Rule in MC Mehta v.

Union of India)

• Justice PN Bhagwati observed: Not bound to follow the 19 th century rule of English Law. Evolved the rule of ‘Absolute Liability’ as part of Indian Law in preference to the rule of Strict Liability laid down in Rylands v. Fletcher. Where an enterprise is engaged in a hazardous and inherently dangerous activity and harm results to anyone on account of accident in the operation of such hazardous or inherently dangerous activity, the enterprise is absolutely liable to compensate those who are affected by the accident and such liability is not subject to any exceptions which operate in the principle of strict liability under the rule in Rylands v. Fletcher.

• Public Liability Insurance Act, 1991 Duty of every owner i.e, a person who has control over handling of any hazardous substance, to take out, before starting handling any hazardous substance, one or more insurance policies whereby he is ensured against liability to give relief in case of death or injury to a person, or damage to any property, arising from an accident occurring while handling any hazardous substance. Based on “no-fault” liability. Object- immediate relief