Why is Absolute Liability The Mafia?

By Rajamrit_das Views: 12226

The concept or doctrine of absolute liability is a creation of the SC of ROI in preference to the rule of Strict Liability in Ryland Vs. Fletcher. The main essence of Absolute Liability is that it is not subject to any exceptions under the Strict Liability rule.

The SC of ROI laid down the path-breaking principle of Absolute Liability following two major gas tragedy cases. First was The Bhopal Gas Tragedy, and Second was the Oleum Gas Leak which we will be discussing in this paper.
As the case of Bhopal Gas Tragedy had wreaked havoc on thousands of lives, the SC feared that industries dealing with hazardous substances would escape the liability for damage caused by the leakage of these deadly gases by pleading exceptions under the luxury of Strict Liability.
There are no defenses under the doctrine of absolute liability. The person can be liable if any of these circumstances occur, even if that person was not directly or indirectly involved.

End Notes:

Doctrine Of Strict Liability.
John Rylands And Jehu Horrocks Plaintiffs In Error; And Thomas Fletcher Defendant In Error., (1868) L.R. 3 H.L. 330.
Doctrine Of Strict Liability.
Union Carbride Corporation Versus Union Of India LNIND 1988 MP 190.
M.C. Mehta v. Union of India, AIR 1987 SC 1086.