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