Strict liability essay sample • a person may be liable for some harm even though he is not negligent in causing the same or does not intentionally cause it or is careful or has taken steps to prevent the same. The concept of strict liability is very helpful in criminal law, tort and corporations law under criminal law, the defendant is not necessitated to proof mens rea in accordance with the actus reus. Many academic papers differentiate strict and absolute liability by the availability of the defence of honest but mistaken belief, which is a common law defence where it is available the liability is strict, where it is not available the liability is absolute. Contrast liability in tort with contractual liability tort: a tort is a legal term which describes a civil wrong that can be redressed by awarding damages the term describes violation where one person causes damage to other person when there is a breach of duty of care done unintentionally, it causes tort of negligence.
Strict liability-environmental claims memorandum of 04/09/12 3 their private property plaintiffs may also have available to them several other common law. Second, the judgment opened a new frontier in the indian jurisprudence by introducing a new “no fault” liability standard (absolute liability) for industries engaged in hazardous activities which has brought about radical changes in the liability and compensation laws in india. The rule of absolute liability was evolved in the case of mcmehta v union of india this was a very important landmark judgment that brought in a new rule in the history of the indian law.
Seaquist & coulter (2012) states this is referred to as “absolute liability” seaquist & coulter (2012) also mention a part of law called “product liability”, that represented a lawsuit based on service contract, negligence, and strict liability. The classification of national environmental laws into substantive law and common law has further been discussed with the help of indian environmental laws in india, there are over 500 central and state statutes which have at least some concern with environmental protection, either directly or indirectly. Strict liability offences now account for over half of the 8,000 offences in english criminal law  but it is notable that many, including environmental offences, have often come to be regarded by the criminal courts as something other than true crimes. Rylands v fletcher  ukhl 1 was a decision by the house of lords which established a new area of english tort law rylands employed contractors to build a reservoir, playing no active role in its construction.
Thus, fault and strict liability are mirror-images of one another keywords: fault liability , strict liability , injurer's negligence , torts oxford scholarship online requires a subscription or purchase to access the full text of books within the service. Essay to discuss whether the implementation of strict liability within criminal law system is a necessary means for combating crime, and if there is any justification for its use strict liability is the placing of liability upon the defendant(s), regardless of whether or not mens rea is present. Principle called absolute liability in india if we go by strict common law terms, as the principle was so given by judges in the oleum gas leak case 24 was an obiter, then we cannot accept the very fact that it is binding concept. Special tort liability problems law general essay useful tips and guides special tort liability problems law general essay after studying this chapter, you should be able to – absolute liability law of negligence special tort liability problems civil justice system basis of legal liability.
Environmental tort and judicial response 41 introduction of the principle of absolute liability and wide interpretation of tortuous remedy by checking harm”149 because of its bilateral structure the tort law is best suited in the environmental law context it is responsibility based mechanism for repairing harm. Environmental law and policy: environmental activism introduction the shriram gas leak case was a very significant case in the field of environmental activism, as it pitted the supreme court, the representative of the people, against one of the biggest and most wealthy industrial establishments of india, shri ram food and fertilizers. Distinction between absolute and strict liability offences law essay published: december 1, 2015 in general, the criminal liability requires the proof of both actus reus and mens rea before convicting a person. The supreme court on the doctrine of absolute liability and polluter pay’s principle:an analysis manjunatha n g1 this actually shows the existence of judge made law absolute liability is tortious liability and environmental pollution are coupled. After the water act, the indian government remained extremely active and passed a series of environmental legislations like the forest (conservation) act, 1980, the air act, 1981, the environment (protection) act, 1986, the public liability insurance act, 1991 the biological diversity act, 2002 and the national green tribunal act, 2010.
Absolute liability see also: actus reus an offence for which the accused is guilty once it is proven that the prohibited act was committed and regardless of the existence of any fault, including negligence. Louisiana law review volume 49|number 5 may 1989 butler v baber:' absolute liability for environmental hazards john c anjier this note is brought to you for free and open access by the law reviews and journals at lsu law digital commons. Common law actions have in recent years proved to be a fertile ground for environmental litigation, although the judiciary have demonstrated a rather lukewarm response to attempts to use torts as a mechanism to control the adverse impacts of pollution on people, property and the wider environment. Absolute liability for environmental law essay the ideals of a socialist constitution as ours include a responsibility upon the province to protect its citizens from all injury in this respect, the highest criterion of protection is in the signifier of cardinal rights given to citizens under part iii of the constitution, whereby a misdemeanor.
Strict liability, especially product liability is well known in tort law, of course criminal law and the corporation law in the tort law, the strict liability is the enforcement of liability on a party without finding negligence. Torts of strict liability may be brought against the product that a company used that was defective, causing the environmental disaster to happen an example of scenarios in which either torts of negligence or strict liability is appropriate will be presented in the following passage. Absolute liability is a standard of legal liability found in tort and criminal law of various legal jurisdictions to be convicted of an ordinary crime, in certain jurisdictions, a person must not only have committed a criminal action,. Business regulation law or any similar topic only for you order now strict liability torts assign absolute liability and offer very few defenses defamation of character a company or a person reputation is a valuable asset alumina negligent conduct of “serious violation of environmental laws five years ago is the cause of her.