There are chances for any occurrence of mishappenings in the enterprises. The accused person has the obligation to pay the harmed person for the damages caused. Fault-based liabilities cover such obligations. Fault-based liabilities undertake Strict Liability And Absolute Liability. Strict Liability arises when a person gets harmed due to the escape of any hazardous product from the enterprise and Absolute Liability includes the damages done in and out of the organisation due to the use of the hazardous product.
What is Strict Liability?
Strict liability arises when the accused person (defendant) brings any dangerous or hazardous substances into his/her organisation and due to the escape of that substance, any harm to any other person (plaintiff) is caused. In such cases, the defendant will be held accountable for bringing the hazardous stuff. Strict liability arises even when the defendant has no intention of causing any harm to any other person. Primarily liability resides with the defendant only. In such liabilities, any defense put up by the defendant makes no sense and he/she is made accountable for the act.
Key Takeaways for Strict Liability:
- Defendant is always made accountable for bringing the hazardous stuff into the organisation, even if he/she has no intention of harming any other person.
- Defendant always bears the burden of proof to prove that he/she is not liable to pay the damages.
- Plaintiff needs to show the damages caused to him/her in order to receive the compensation.
- The rule of strict liability arose after the case of Rylands Vs. Fletcher.
- ‘Escape’ of the hazardous substance is the essence of strict liability.
What is Absolute Liability?
Absolute liability occurs when any kind of organisation uses dangerous or hazardous substances for profit-making activity and in that duration, any damage is being caused to any other party. In the case of absolute liability, the owners of the company will completely be held liable for the damage caused. Complete damage is compensated from the end of the defaulter to the harmed party. Conduction of such hazardous activities undertakes all the possible damage that can get arise.
Key takeaways from Absolute Liability:
- Absolute liability undertakes all the possible damage and consequences that can get arise due to the conduction of hazardous activity.
- The workers of the organisation are provided with all the safeguarding equipment in order to prevent them from any mishappenings.
- The organisation needs to pay the whole damage in case of mishappenings, even when there is no escape.
- The rule of absolute liability arose after the Bhopal Gas Tragedy.
Difference between Strict Liability and Absolute Liability
|
Basis |
Strict Liability |
Absolute Liability |
|---|---|---|
|
Meaning |
Strict liability arises when the accused person brings any dangerous substances into the organisation and due to the escape of that substance, any harm to any other person is caused. | Absolute liability occurs when any kind of organisation uses dangerous or hazardous substances for profit-making activity and in that duration, any damage is being caused to any other party. |
|
Principles |
Strict Liability covers the following principles: Non-natural use of land, Dangerous substance, Escape | Absolute Liability covers the following principles: Enterprise, Hazardous activity, Escape not necessary. |
|
Center role |
Strict Liability undertakes the person. | Absolute Liability undertakes the enterprise. |
|
Escape |
Escape of hazardous substances is necessary. | Escape of hazardous substances is not necessary. |
|
Exceptions |
Strict liability undertakes some exceptions like the plaintiff’s own fault, mutual benefit, etc. | Absolute Liability does not undertake any exceptions. |
|
Reason behind the rules |
Rylands Vs. Fletcher | Bhopal Gas Tragedy |
|
Scope |
The scope of strict liability is narrower. | The scope of absolute liability is broader. |