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Meaning of Strict Liability for CLAT - Practice Questions & MCQ

Edited By admin | Updated on Sep 25, 2023 25:47 PM | #CLAT

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Read the passage very carefully and answer the following questions.

In-State v. Sheo Prasad court held that a master was not liable for his servant's act in carrying oilseeds in contravention of the order made under the Essential, Supplies (Temporary Powers) Act, 1946, on the ground that he had not the guilty mind. It is a well-settled principle of common law that mens rea is an essential ingredient of a criminal offence. Doubtless, a statute can exclude that element, but it is a sound rule of construction adopted in England and also accepted in India to construe a statutory provision creating an offence in conformity with the common law rather than against it unless the statute expressly or by necessary implication excluded mens rea. It is also necessary to enquire whether a statute by putting a person under strict liability helps him to assist the State in the enforcement of the law: can he do anything to promote the observance of the law? A person who does not know that gold cannot be brought into India without a licence or is not bringing into India any gold at all cannot possibly do anything to promote the observance of the law. Mens rea by necessary implication can be excluded from a statute only where it is absolutely clear that the implementation of the object of a statute would otherwise be defeated and its exclusion enables those put under strict liability by their act or omission to assist the promotion of the law."It is not enough merely to label the statute as one dealing with a grave social evil and from that to infer that strict liability was intended. It is pertinent also to inquire whether putting the defendant under strict liability will assist in the enforcement of the regulations. That means that there must be something he can do, directly or indirectly, by supervision or inspection, by improvement of his business methods, or by exhorting those whom he may be expected to influence or control, which will promote the observance of the regulations. Unless this is so, there is no reason in penalising him, and it cannot be inferred that the legislature imposed strict liability merely to find a luckless victim.

Question: When an occupier of land allowed poisonous flowers, which he had not carried on to his land, but which were its natural produce, to seed, the seed was carried on to the adjoining land which was thereby injured. Then-

 

 

What are the essential elements of Strict liability ?


 

 In which of the following cases, The Supreme Court discussed strict liability ?

 

Which Act allows compensation from the manufacturer or seller, even if there was no negligence involved ?

 

Concepts Covered - 1

Meaning

Meaning of Strict Liability:

  • Strict liability is a legal doctrine that places responsibility on a person or entity for harm or damage they cause, regardless of their intent or negligence.
  • In essence, it holds that certain activities or situations are so inherently risky that those responsible for them should be held accountable for any harm that ensues, even if they took all reasonable precautions to prevent it.

Elements of Strict Liability:

  • Harm or Damage: The plaintiff (the injured party) must demonstrate that they suffered harm or damage. This could be physical injuries, property damage, or economic losses.
  • Inherently Dangerous Activity or Product: Strict liability is generally applied to activities or products that are inherently dangerous or abnormally dangerous. These are activities or products with a high risk of causing harm, even if all reasonable precautions are taken.
  • No Requirement of Fault: Unlike other torts like negligence or intentional torts, where the plaintiff must establish that the defendant was careless or acted with malice, strict liability does not require proof of fault. It doesn't matter whether the defendant intended harm or was negligent; if their action or product caused harm, they can be held liable.

Indian Case Laws Examples:

  • M.C. Mehta v. Union of India (1987): This landmark case involved the leakage of oleum gas from the Shriram Food and Fertilizers Industries in Delhi, which caused harm to nearby residents.
    The Supreme Court of India applied the principle of absolute liability and held that industries engaged in hazardous activities must be held strictly liable for any harm caused.
    This case emphasized the need for industries to adopt the highest safety standards and be accountable for environmental and public safety.
  • Bhopal Gas Tragedy (1984): One of the world's worst industrial disasters, the Bhopal Gas Tragedy, exemplifies strict liability.
    The release of toxic gas from the Union Carbide pesticide plant in Bhopal caused thousands of deaths and injuries. Union Carbide was held strictly liable for the disaster, illustrating the severe consequences of failing to exercise due diligence in managing hazardous substances.
     
  • Liability for Defective Products: Under Indian law, the Consumer Protection Act, 2019, establishes strict liability for manufacturers and sellers of defective products.
    This means that if a consumer is harmed by a product's defect, they can seek compensation from the manufacturer or seller, even if there was no negligence involved.

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