Strict Liability And Defences Chandigarh

Strict Liability And Defences – Chandigarh

A strict liability is a  liability without fault. In such cases the wrong is actionable without proof of fault. It is liability without a fault. The rule was explained in Reyland Vs Fletcher. It was observed in the said case as under:

Rule of law is that the person who for his own purpose , bring on his land and collects and keeps there anything likely to do  mischief if it escapes, must keep it at his peril and if he does so he is prima facie answerable for all the damage which is the natural consequences of its escape

However there are seven exceptions to this rule and those are

  1. Act of unknown third party 
  2. Contributory negligence 
  3. Consent 
  4. Statutory authority 
  5. Plaintiff fault 
  6. Act of god 
  7. Necessity

The Orissa High Court in a case Titled as central electricity supply utility of Orissa Vs Damyanti samal RSA No. 210/2019 has explained on 15/03/2021 about the strict liability in torts.

The court observed as under;

“Principle of law is settled that a person undertaking an activity involving hazardous or risky exposure to human life is liable under law of torts to compensate for the injury suffered by any other person, irrespective of any negligence or carelessness on the part of managers of such undertakings. The basis of such liability is the foreseable risk inherent in the very nature of such activity. The liability cast on such person is known in law as strict liability”

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