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Sreenidhi A (Student)     26 January 2021

Strict liability

Why does strict liability disregard intention and negligence? If an object that is considered dangerous escapes and causes damage to people but it was not stored for non natural use, will the owner be liable for the escape?


Learning

 2 Replies

arun kumar (Executive)     28 January 2021

read Ryland vs Fletcher case study in detail.
1 Like

Nandini Warrier   03 February 2021

Good evening, 

Strict liability refers to the liability that doesn't consider intention and/or negligence while the wrong is being judged. Therefore, innocence cannot be used as a defence against strict liability, and the accused will be punished evsn if they did not intend to commit the act, or took reasonable care while committing an act that caused damage. 

For an act to constitute as the tort of strict liability, it must fulfill three conditions-

  • The dangerous item must have caused damage 
  • There should have been an escape of the dangerous item
  • The item must have been stored for non natural use

If the act doesn't fulfill all three of these conditions, it will not be considered as a tort. Therefore, if the item wasn't stored for non natural use, then strict liability can not be applied in such a case. For example, a fire in a fireplace is perfectly natural, since a fireplace was built for fires. If the fire escapes, strict liability will not be applicable, since it doesn't fulfill the third condition. (Sochaki v Sas) 

Please read more about strict liability here: https://www.lawyersclubindia.com/articles/strict-and-absolute-liability-a-critique-1451.asp


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