In modern law of torts, absolute liability or means
liability without fault I.e. without intention or negligence. The wrong
arises from the breach of absolute duty. Absolute duty means a duty
which renders a man liable without any fault of his, irrespective of
absence of any intention or negligence.
Definition of Strict Liability :
Definition of Strict Liability :
There are certain circumstances in which a person is made liable without any fault or intention or negligence on his part. The liability arises for breach of duty on his part, such liability is called Strict Liability.
Absolute liability arises in five cases
1. Escape of dangerous things.
2. Escape of animals.
3. Use of things naturally dangerous.
4. Dangerous premises.
5. Persons professing skill.
1. Escape of dangerous things.
The owner or occupier of land may use his land for any
lawful and natural purpose and for it no action can be maintained
against him. But if he is negligent and causes damage to his neighbor,
he will be held liable.
This is based on the maxim - sic utere tuo it alienum non
laedas which means everyone must so use his own property as not to cause
damage or injury to the property to another.
Relevant Case law :
Rylands Vs. Fletcher 1868) LR 3 HL 330
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