Strict Liability and Absolute Liability

Q. What do you understand by strict or Absolute liability in Criminal Law? Discuss. [2018 - 10 marks - Law of Crimes]

Q. What is the difference between strict liability and absolute liability of tort? [2021 - 10 marks - Law of Torts]

Strict Liability 

The principle of strict liability states that any person who keeps hazardous substances on his premises will be held responsible if such substances escape the premises and causes any damage. 

The principle of strict liability evolved in the case of Rylands v Fletcher. Fletcher built a reservoir on his land to power his mill. Accidentally, the water from the reservoir flooded the coal mines owned by Rylands. The Court held that the defendant built the reservoir at his risk, Hence, the defendant was liable for the escape of the water causing damage to F.

Absolute Liability

The principle of Absolute liability was laid down in the case of MC Mehta vs. Union of India involving hazardous gas leak from Union Carbide causing deaths of more than 3000 people. 

The principle of absolute liability states that Where an enterprise is engaged in a hazardous or inherently dangerous activity, and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity is strictly and absolutely liable to compensate all those who are affected by the accident, and such liability is not subject to any of the exceptions which operate vis-à-vis the tortious principle of strict liability under the rule in Rylands vs Fletcher.

Difference between Strict Liability and Absolute Liability

1. Absolute liability is applicable only to enterprises operating with a commercial objective. Whereas any person can be made liable for strict liability.
2. Escape of a dangerous material is important in strict liability, whereas, in absolute liability, an enterprise can be made responsible even without an escape.
3. There are certain exceptions available to a person in strict liability, but there is no defense available in absolute liability.