Introduction

The law of torts aims to achieve distributive justice. This means that the burden of loss should fall on the person responsible for causing it. Normally, liability arises when a person is at fault. However, in certain dangerous activities, the law imposes liability even when there is no fault.

This idea gave rise to the doctrines of strict liability and absolute liability.

Meaning / Definition

Strict liability refers to liability without proof of fault. A person may be held responsible for damage caused by certain dangerous activities even if they exercised reasonable care.

Absolute liability is a stricter form of liability. When it applies, a person is liable for harm caused by hazardous activities without any exceptions or defences.

The law of torts generally follows these principles of responsibility:

• If the defendant is at fault, the defendant must compensate the plaintiff.
• If the plaintiff is at fault, the plaintiff bears the loss.
• If both are at fault, the burden is shared.
• If neither party is at fault, normally the plaintiff bears the loss.

However, in cases of strict or absolute liability, the defendant may still be liable even without fault.

Modes or Types

Fault Liability

In most tort cases, liability arises when a person intentionally, recklessly, or negligently causes harm. This is known as fault liability.

For example, negligence causing injury or property damage will make the defendant liable.

No-Fault Liability

In some situations, the law imposes liability even when there is no negligence or intention.

This happens when a person engages in activities that are inherently dangerous (naturally risky). In such cases, the law imposes a duty not to cause harm at all.

Handling explosives, storing dangerous chemicals, or keeping large quantities of hazardous substances are examples of such activities.

Strict Liability

Strict liability applies when a person brings something dangerous onto their land and keeps it there for their own purpose.

If that thing escapes and causes damage, the person will be liable even if they took reasonable care.

However, strict liability usually requires that the use of land must be non-natural (an unusual or special use of land).

Absolute Liability

Absolute liability is a stronger rule. It applies mainly to industries dealing with hazardous or dangerous substances.

Under this rule, the person or company is fully liable for the harm caused, and no defences are allowed.

The purpose is to ensure greater protection for the public from dangerous industrial activities.

Important Case Law

Rylands v. Fletcher

The defendant constructed a reservoir on his land. Unknown to him, old mine shafts existed under the land which connected to the plaintiff’s nearby mine. When the reservoir was filled, water escaped through the shafts and flooded the plaintiff’s mine.

Although the defendant had not been negligent, the court held him liable.

Justice Blackburn stated the principle that a person who brings onto his land something likely to cause harm if it escapes must keep it there at his own risk. If it escapes and causes damage, the person is liable.

This case established the rule of strict liability.

Distinction / Comparison

Practical Example

A factory stores large quantities of toxic chemicals. If those chemicals escape and harm nearby residents, the factory may be held liable even if it took safety precautions.

Under strict liability, some legal defences may be available. Under absolute liability, the factory must compensate the victims regardless of precautions taken.

Summary

• Tort law aims to distribute the burden of loss fairly between parties.
• Normally, liability arises when a person is at fault.
• Strict liability imposes responsibility even without negligence.
• It applies when dangerous substances escape from a person’s land.
• The rule was established in Rylands v. Fletcher.
• Absolute liability is a stricter rule where no defences are allowed.
• It mainly applies to hazardous industrial activities.