1. Explain the Strict Liability with decided cases?
We will currently consider certain classes of cases wherein the liabilities of the respondents are more strict liability than in the common cases. The Strict liability is a critical Idea under the Law of torts.
Strict
liability is a standard of liability which may exist in either civil or
criminal Law. The imposition of strict liability on a
party without finding of fault or issues.
Imposing liability upon the
dependent, despite the fact that there is no fault upon him is called doctrine
of strict liability. For example even a Innocent
persons are held liable for harm caused to others on account of escape of
things from their land. This principle came to know by famous case Law “Rylands
V/S Fletcher”.
For
the application of the rule therefore the following three essentials should be
there.
1.
A individual on his land must have brought some dangerous thing to him.
2.
The items that a person has brought or kept on his land.
3.
It must be non-natural use of land.
Case
Law: Rylands V/S Fletcher:
The facts of this leading case were
as follows: - Rylands employed independent contractors who were apparently
competent to construct a reservoir on his land. The contractors came across old
shafts and passages on rylands land in the course of the work. They spoke with
the Fletcher mines, a neighbor of rylands, but no one believed this because
they seemed to be packed with earth. The contractor did not block them up and
when the reservoir was filled, the water from it burst though the old shafts
and flooded Fletchers mines. It was discovered that although the Rylands were
not negligent. Feltcher sued Rylands and eventually held responsible for the defendant
Rylands by the House of Lords.
Exceptions to the
Doctrine of Strict Liability:
1. Act of God
2.
Plaintiff own default
3.
Consent of Plaintiff
4.
Act of third party
5.
Statutory authority
6.
Common benefit
TORT OF LAW
1. Explain the Strict
Liability with decided cases?
We will currently consider certain classes of
cases wherein the liabilities of the respondents are more strict liability than
in the common cases. The Strict liability is a critical Idea under the
Law of torts.
Strict
liability is a standard of liability which may exist in either civil or
criminal Law. The imposition of strict liability on a
party without finding of fault or issues (Negligenge or Tortuous Intent).
Imposing liability upon the
dependent, despite the fact that there is no fault upon him is called doctrine
of strict liability. For example even a Innocent
persons are held liable for harm caused to others on account of escape of
things from their land. This principle came to know by famous case Law “Rylands
V/S Fletcher”.
For
the application of the rule therefore the following three essentials should be
there.
1.
A individual on his land must have brought some dangerous thing to him.
2.
The items that a person has brought or kept on his land.
3.
It must be non-natural use of land.
Case
Law: Rylands V/S Fletcher:
The facts of this leading case were
as follows: - Rylands employed independent contractors who were apparently
competent to construct a reservoir on his land. The contractors came across old
shafts and passages on rylands land in the course of the work. They spoke with
the Fletcher mines, a neighbor of rylands, but no one believed this because
they seemed to be packed with earth. The contractor did not block them up and
when the reservoir was filled, the water from it burst though the old shafts
and flooded Fletchers mines. It was discovered that although the Rylands were
not negligent. Feltcher sued Rylands and eventually held responsible for the defendant
Rylands by the House of Lords.
Exceptions to the
Doctrine of Strict Liability:
1. Act of God
2.
Plaintiff own default
3.
Consent of Plaintiff
4.
Act of third party
5.
Statutory authority
6.
Common benefit
