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    Liability of Wrongs Committed by Others: 1. Strict Liabilty

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    Siddhant Tiwari
    The document discusses two types of no fault liability - strict liability and absolute liability. Strict liability applies in situations involving dangerous things, non-natural use of land, and escape of things. Absolute liability applies in cases of extremely hazardous or inherently dangerous activities like nuclear power or explosives manufacturing. Absolute liability does not allow any defenses to avoid responsibility for damages.

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    Liability of Wrongs Committed by Others: 1. Strict Liabilty

    Uploaded by

    Siddhant Tiwari
    36 views1 page
    The document discusses two types of no fault liability - strict liability and absolute liability. Strict liability applies in situations involving dangerous things, non-natural use of land, and escape of things. Absolute liability applies in cases of extremely hazardous or inherently dangerous activities like nuclear power or explosives manufacturing. Absolute liability does not allow any defenses to avoid responsibility for damages.

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    kjgk

    Original Title

    Torts Abstract

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    The document discusses two types of no fault liability - strict liability and absolute liability. Strict liability applies in situations involving dangerous things, non-natural use of land, and escape of things. Absolute liability applies in cases of extremely hazardous or inherently dangerous activities like nuclear power or explosives manufacturing. Absolute liability does not allow any defenses to avoid responsibility for damages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    36 views1 page

    Liability of Wrongs Committed by Others: 1. Strict Liabilty

    Uploaded by

    Siddhant Tiwari
    The document discusses two types of no fault liability - strict liability and absolute liability. Strict liability applies in situations involving dangerous things, non-natural use of land, and escape of things. Absolute liability applies in cases of extremely hazardous or inherently dangerous activities like nuclear power or explosives manufacturing. Absolute liability does not allow any defenses to avoid responsibility for damages.

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    ABSTRACT

    Liability of Wrongs Committed by others


    The Genral principle of tortuous liability is that a person is liable to another when he breaches his legal duty
    .Hence no fault no liability.In certain situation a person may be liable even without any fault on his part. This is
    the principle of no fault liability .It is two kinds – strict liability and absolute liability

    1. STRICT LIABILTY

    The rule of strict liability was laid down in the landmark case of Ryland Vs Fletcher

    ESSENTIAL ELEMENTS
    A. Dangerous Things
    B. Non Natural Use
    C. Escape

    Exception of strict liability

    D. Plaintif’s own fault


    E. Act of god
    F. Plaintiff,s concent
    G. Act of third party
    H. Statutary Authority

    2. ABOSOLUTE LIABILITY

    As the name suggest this liability is stricter than strict liability . it applies in the cases where a person is
    engaged in extremely hazardous or in herently dangerous activity like generation of nuclear power ,
    manufacture of explosive or other hazardous substances
    This rule was propounded by our Supreme Court in M.C Mehta Vs Union ofIndia

    ESSENTIAL ELEMENTS
    1. A person is engaged in extremely dangerous enterprise that entrails extraordinary risk to others
    2. Such dangerous things must cause injury to the plaintiff by an accident or otherwise

    Unlike strict liability , there are no defence that the defendant can plead to avoid liability . His liability to
    compensate the injured is absolute

    Siddhant Tiwari

    19LLB060

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