Rule of Absolute Liability

Absolute legal responsibility is a idea of law advanced in India, after the case of M.C. Mehta vs. Union of India popularly recognised via way of means of the call of Oleum Gas Leak case. This case become a landmark judgment case for the precept of absolute legal responsibility. This precept is a type of strict legal responsibility without a exception. That is beneathneath this precept the defendant won’t be allowed to plead any defence as there has been beneathneath Rylands vs. Fletcher case.

In this case, the declare become arising from the leakage of oem fueloline from the Shriram Food and Fertilizers Industries, in Delhi which become belonging to Delhi Cloth Mills Ltd. resulting from this leakage there has been a large lack of lifestyles and lots of human beings suffered from serious injuries. The case become filed via way of means of a writ petition beneathneath artwork 32 of the Constitution via way of means of manner of PIL. This become a case straight away after 365 days of Bhopal Gas Leak case, wherein additionally many human beings died. Therefore, it become thought that there has been a want to increase new rule as beneathneath strict legal responsibility there were exceptions to be had for the defendant from which they could without problems run away from their legal responsibility. Therefore the brand new rule i.e. the guideline of thumb of absolute legal responsibility become laid down.

Under this rule, if any man or woman is engaged in any dangerous pastime and if any damage takes place while wearing out such pastime then the man or woman might be held answerable for the damage or the harm so came about beneathneath absolute legal responsibility. Under this, he won’t be allowed to take any exception as become beneathneath the guideline of thumb of Strict Liability. This precept become laid down on the premise of the concept that the organisation who’s earning benefit from the overall public need to additionally be made in charge if any damage is caused to them via way of means of their fault. This precept become additionally implemented to Bhopal case wherein lots of sufferers died and injured because of the leak of fueloline. After such incidents the India legislature exceeded The Public Liability Insurance Act, 1991 become exceeded for the fast comfort to the sufferers.

STRCIT LIABILITY – EXCEPTION = ABSOLUTE LIABILITY

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