Law of Torts || Strict Liability and Absolute Liability || By Adv. Bhawana Tanwar

Law of Torts || Strict Liability and Absolute Liability || By Adv. Bhawana Tanwar

The tort of Strict Liability and Absolute Liability is a very interesting and important Topic. The rule of Strict liability was propounded in the case of Ryland v. Fletcher. With the passage of time and evolving power of Science; the Rule of Absolute Liability was for the first time applied in the case of M.C. Mehta v. Union of India which is also known as the Oleum Gas Leak Case

Both of these Torts function under the 'No-Fault Liability' Principle - which says that if a person/enterprise brings any dangerous substance of non-natural use in its premises and if that substance escapes and does any mischief - then whatever loss the other party suffers - that person/enterprise shall be made liable for it!

The Difference between Strict Liability and Absolute Liability are:-
1. For a Tort of Strict Liability any person can be Made liable; whereas in the Tort of Absolute Liability only an Enterprise can be made liable.
2. In a Tort of Strict Liability Escape is Necessary whereas an enterprise can be made responsible for Absolute Liability even without an Escape.
3. some certain Defences/Exceptions are available to a person in the case of Strict Liability whereas No defenses/Exceptions are available in the case of Absolute Liability.

*****M.C. Mehta v. Union of India = Oleum Gas Leak Case = Laid down the principle of Absolute Liability
*****Union Carbide Corporation v. UOI = Bhopal Gas Tragedy


The Tort of Strict Liability and Absolute Liability is very interesting and important Topics for any Competitive law Exam such as NET/NTA 2018, CLAT 2019, Judiciary.

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