Absolute Liability | Law of Tort | Dr.A.C.Nakshathra | Tamil

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Many times it so happens that the person is made liable for the act, which he may not have done, or moreover he has also made all possible efforts to avoid any harm caused by his act, but would still be held liable. That is there are rules under strict liability and absolute liability where the person is held liable even at places where he is at no fault. The law recognizes such rules and these are based upon the principles of ‘No Fault Liability’.

These rules have its derivatives from the case laws. The rule of Strict Liability was laid down in the case of Rylands vs. Fletcher and therefore this rule is also termed as ‘Rule in Rylands vs. Fletcher’ but due to some exceptions as provided under this rule, the rule of Absolute liability was laid down. It was laid down in the case of M.C. Mehta vs. Union of India  where the Supreme Court held that there can be no defence available for the act done; the defendant would be liable for the act.

Rule of Absolute Liability

Absolute liability is a concept of law evolved in India, after the case of M.C. Mehta vs. Union of India popularly known by the name of Oleum Gas Leak case. This case was a landmark judgment case for the principle of absolute liability. This principle is a kind of strict liability with no exception. That is under this principle the defendant won’t be allowed to plead any defence as there was under Rylands vs. Fletcher case.
In this case, the claim was arising from the leakage of oleum gas from the Shriram Food and Fertilizers Industries, in Delhi which was belonging to Delhi Cloth Mills Ltd. as a consequence of this leakage there was a huge loss of life and many people suffered from serious injuries. The case was filed by a writ petition under art 32 of the Constitution by way of PIL. This was a case immediately after one year of Bhopal Gas Leak case, where also many people died. Therefore, it was thought that there was a need to develop new rule as under strict liability there were exceptions available for the defendant from which they can easily run away from their liability. Therefore the new rule i.e. the rule of absolute liability was laid down.
Under this rule, if any person is engaged in any hazardous activity and if any harm occurs while carrying out such activity then the person will be held liable for the harm or the damage so occurred under absolute liability. Under this, he won’t be allowed to take any exception as was under the rule of Strict Liability. This principle was laid down on the basis of the idea that the enterprise who is earning profit from the general public should also be made liable if any harm is caused to them by their fault. This principle was also applied to Bhopal case where thousands of victims died and injured due to the leak of gas. After such incidents the India legislature passed The Public Liability Insurance Act, 1991 was passed for the speedy relief to the victims.