Discuss the 'Rule of Strict Liability' under the Law of Torts.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2018
Discuss the 'Rule of Strict Liability' under the Law of Torts.
Answer & Explanation:
Under the Rule of Strict Liability the defendant is liable even though the harm to the plaintiff occurred without intention or negligence on the defendant's part. In other words, the defendant is held liable without fault. These cases fall under the following categories: Liability for Inevitable Accident - Such liability arises in cases where damage is done by the escape of dangerous substances brought or kept by anyone upon his land. Liability for Inevitable Mistake - Such cases are where a person interferes with the property or reputation of another. Vicarious Liability for Wrongs committed by others – Responsibility in such cases is imputed by law on grounds of social policy or expediency. These case involve liability of master for the acts of his servant. The Rule of Strict Liability was laid down in the case of Ryland v. Fletcher (1868) L.R. 3 H.L. 330 . It has been explained that two conditions are necessary in order to apply the rule i.e. Escape from a place of which the defendant has occupation or over which he has a control to a place which is outside his occupation or control or something likely to do mischief if it escapes; and Non-natural use of Land: The defendant is liable if he makes a non-natural use of land. If either of these conditions is absent, the rule of strict liability will not apply.
Topics: Law of Torts
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