Meaning of Strict Liability

The concept of Strict Liability in torts is also referred as “No-Fault Liability”, which can very explain this concept in an obvious manner- “that liability would exist irrespective of any fault”. There exist certain activities which are inherently so dangerous in nature that merely carrying them on poses a duty on the person who does so, to compensate for any damage irrespective of any carelessness on their part. The rationale behind imposing such liability is the foreseeable risk involved in such activities. This principle was first applied by the House of Lord in the case of Rylands v. Fletcher.

Meaning of Absolute Liability

Following the infamous “oleum gas leak case,” M.C. Mehta v. Union of India, the idea of absolute culpability was developed in India. One of the landmark cases in Indian law is this one. Strict liability is applied in the M.C. Mehta case, but no exceptions are provided and the defendant is held entirely responsible for his actions.

According to the ruling in the Ryland v. Fletcher case, the defendant will not be permitted to raise a defense if he or she was at fault.There was an urgent need to establish a strict responsibility rule with no exceptions accessible to the defendant in the wake of the Bhopal gas leak case since many people perished and continue to suffer from some of the fatal diseases down the generations.

Difference:

Sr. No.	Strict Liability	Absolute Liability
1	In Strict Liability, the point of contention is the ‘non-natural’ use of one’s land in using or handling an object/thing.	In Absolute Liability, the presence of hazardous or inherently dangerous substances or objects is necessary.
2	The escape of the dangerous thing is imperative, and it cannot be applied to damage caused inside the premises of the defendant, as seen in the case of Read Vs. Lyons and Co. here in above.	In Absolute Liability, the escape of such dangerous things is not necessary, but the mere use of a hazardous substance makes the party subject to this rule. It is applicable to damage caused to people inside as well as outside the defendant’s premises.
3	The Strict Liability rule has some defences and exceptions that can be used by the defendant. These include: Act of GodConsent of PlaintiffAct of Third PartyAn act done under Statutory Authority.The defendants, therefore, have a chance to be relieved of the liability by proving that their act falls in one of the abovementioned exceptions to Strict Liability.	3. In Absolute Liability, the defendant does not have any scope for defence or exceptions but is held completely liable for the damages caused by them in all circumstances.
4	The rule solely applies to the non-natural use of land.	This rule applies to the natural or the non-natural use of any land.
5	Compensatory damages are paid to the plaintiff, depending on the nature and quantum of the damages caused to them.	The damages paid to the victims are exemplary in nature and are much greater as the defendants are liable for people’s lives and environmental conditions in such cases.
6	The Strict Liability concept was independently formed in England in 1868.	The Absolute Liability rule was formulated in India after the courts realized the shortcomings of Strict Liabilities. Absolute Liability was inherently Strict Liability – the exceptions.