Strict Liability Sample Essay

• A individual may be apt for some injury even though he is non negligent in doing the same or does non deliberately do it or is careful or has taken stairss to forestall the same.

• e. g. . The suspect is apt to the neighbour for emanation of harmful gases with violative odor from his large ore runing furnace. or building a dike which diverted H2O from its natural channel on the land of the neighbour. Such liability is called Strict Liability.

RYLANDS v FLETCHER
Fact

?Both Rylands and Fletcher were neighbors.
?Rylands owned a factory for whose energy demand he constructed a H2O reservoir on his land. ?He gave this work to independent contractor and applied scientists. ?Due to the carelessness of the private contractor. the shafts that led the manner to Fletcher’s mine were broken which led the H2O into the mine. doing heavy loss to him. ?Fletcher sued Rylands.

DIAGRAMMATICAL RERPESENTATION

Opinion

• The tribunal of Exchequer dismissed the claim saying that there is no valid instance.

• The tribunal of Exchequer chamber once more overruled the judgement in the favour of the Plaintiff and the judgement was announced by Blackburn J. on the behalf of all the six Judgess and gave the regulation of rigorous liability. “The individual who. for his ain intent. brings on his land and collects and supports at that place anything likely to make mischief if it escapes. must maintain it in this hazard ; and if he does non make so is leading facie answerable for all harm which is the natural effect of it’s escape” .

• Rylands was non satisfied with this determination and appealed in the House of lords and the entreaty was once more overruled by Lord Crain’s. he agreed to the determination of Blackburn J. and added a status that the land from which flight has occurred must hold been used in a NON-NATURAL. inappropriate or unusual mode.

Effects OF THE CASE

?This instance laid the rule of absolute liability.
?It stated that an resident of land who brings onto it anything likely to make damage if it escapes. and keeps that thing on the land. will be apt for any harm caused by an flight. ?This regulation laid the theory of unnatural usage of land and creative activity of hazard. ?The regulation therefore created was further used in few cases-

a. Cambridge Water Co. Ltd v. Eastern Counties Leather Plc. b. Transco plc v. Stockport MBC

Effects OF THE CASE IN INDIA

?A more rigorous regulation of strict liability than the regulation in Rylands v. Fletcher was laid by the Supreme Court in the recent instance of M. C. Mehta v. Union of INDIA. ?The tribunal held that the regulation of Rylands v. Fletcher which evolved in 19th century did non to the full run into the demands of modern industrial society with extremely developed scientific cognition and engineering were risky or inherently unsafe industries were necessary to be carried out on as a portion of the development programme and that it was necessary to put down a new regulation non yet recognised by the English jurisprudence. to adequately cover with the jobs originating in a extremely industrialized economic system.

Decision

Rylands vs. Fletcher paved the manner for a new manner of make up one’s minding instances related to owner’s liability. There was a demand to hold a jurisprudence that could increase the responsibility of the proprietor to take attention. The universe is come oning really fast and disputes sing responsibility of attention are increasing quickly. so there was a demand to set up a jurisprudence which could screen these jobs. This was done by this instance. Rule of rigorous liability was non followed in India but it was modified to Absolute liability which is being used now-a-days.

Necessities
1. Some Inherently unsafe thing must hold been bought by the individual oh his land.

2. That thing must Escape from the land.

3. It must be a NON-NATURAL usage of land.

Act OF GOD

• Act of God is a direct. sudden. resistless. violent act of nature as could non by any sum of foresight have been foreseen or. if foreseen. could non by any sum of human attention and accomplishment have been resisted.

• Example: Storm. Lightning. Tempest. Extraordinary autumn or rain. extraordinary high tide and excess ordinary terrible hoar. ACT OF 3RD Party

?If the suspect is taking sensible attention and is maintain it with the uttermost attention and if the flight of the unsafe substance. is due to a unlawful act of Third party/Stranger so the regulation does non use.

• The Plaintiff can non claim for amendss where the act is done by a alien. i. e. . one who is neither defendant’s servant nor the suspect has any control over him.

• In Box V Jubb. the reservoir was overflowed because a 3rd party supplied a immense sum of H2O that drained down and damaged the complainant.

PLAINTIFFS OWN FAULT

?Plaintiff’s ain mistake is another exclusion to the regulation of Rylands v Fletcher. if the harm has been done by the act of the complainant himself. so the regulation does non keep.

• The complainant can non claim for the amendss for his ain unlawful act.

• In Ponting V Noakes. The plaintiff’s Equus caballus nibbled some toxicant tree by traversing the defendant’s boundary and died. It was held that the suspect is non apt. as it was horse’s ain mistake by irrupting into the defendant’s land and. instead there. was no flight of the unsafe substance.

STATUTORY AUTHORITY

• If the act is done under the state’s authorization so the suspect can non be held apt.

• No action will lie against the act which has been authorized by the legislative assembly. if it is done without carelessness.

• In Green V Chelsea waterworks carbon monoxide. a chief belonging to the water company company. authorized by the Parliament. there was no carelessness on the portion of the company. A H2O chief explosion doing harm to plaintiff’s land. It was held that the water company company was in a statutory duty to give high force per unit area H2O supply. They were non held apt.

Consent OF THE PLAINTIFF

• If the complainant has straight or impliedly consented to the presence of the beginning of danger and there has been no carelessness on the portion of the suspect. the suspect is non apt.

• The complainant can non claim for amendss if the complainant has consented to the presence of the unsafe thing.

• A manufactured explosives on his land. B got some committee from A. Explosion in the Factory B got hurt but can non claim amendss.

BIBIOGRAPHY

1. Law OF TORT –P. S. A. PILLAI
2. e-lawresources. com
3. Jurisprudence – Dr. S. R. Myneni.

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