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Viswanath (Law Student)     29 November 2008

Strict Liability

Please  discuss the topic 'Strict Liability' in Law of Torts


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 1 Replies

N.K.Assumi (Advocate)     30 November 2008

Dear Viswnath, it is principle of strict liability was evolved in 1868 from the case of Rylands Vs Fletcher by  Judge Blackburn. This rule provides that any person who fo his own purpose brings on to his land and colects and keeps there anything likely to do mischief if it escapes must keep at his peril and, if fails to do so, is prima facie liable for the damage which is the matter of consequences of its escape.The liability is strict and the person can not take the defence tat the things happened without his his wilful act,defaultnnegligence and knowledge of its existence etc. However, it is subject to six magnificient exceptions.1.Act of God.2.The act of third party.3.The Plaintiff's consent.4.The plaintiff's own fault.5.The natural use of the land by the defendant.6.Statutory authority. This concept was evoleved in the 19th century and it cam not keep in tune with the development of the present day science  and technology and the challenges of the new situations, as law must change with the changing times. Thi s is the reasons why our Supreme Court evolved a new novel principle of absolute liability from strict liability in the case of M.C MEHTA VS UNION OF IONDIA A.I.R. 1987 S.C 1086. The main difference between strict and absolute is that in strict liability there is exception but in absolute liability there is no exceptions.


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