Absolute Liability Merits Demerits – A Critical Analysis

Abstract

In numerous circumstances, an individual is found liable for an act that he could not have performed, or for which he made all reasonable efforts to avoid causing any harm, yet was nevertheless held liable. This is a situation in which an individual is held liable notwithstanding the absence of fault; these are strict liability rules. The legislation recognises this provision based on the 'no-fault responsibility' criteria. These rules are based on case law. This clause was handed down in the case of Rylands vs. Fletcher, and hence this rule is commonly referred to as the "Rule in Rylands vs. Fletcher," however the rule of absolute A number of exceptions to this rule were established, and responsibility was established for them. The Supreme Court of India decided in M.C. Mehta vs. Union of India that the defendant is responsible for the act and that the offence should not be disputed. In tort law, the phrases strict liability and absolute liability must be defined. These two have a similar meaning, however there are some variances.