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Strict and absolute liability: Rylands v. Fletcher, M.C. Mehta and vicarious liability

LUG-102 Jurisprudence — Legal Method, Indian Legal System and Basic Theory of Law, Unit V: Absolute liability. · LLB · 60 min

When the law holds a person liable without proof of intention or negligence, liability is strict; when it allows no defence at all, it is absolute. This lecture takes the English rule of Rylands v. Fletcher (its elements and five exceptions) and sets it point by point against the Indian rule of absolute liability in M.C. Mehta v. Union of India (the oleum gas leak), follows the rule through Bhopal, the polluter pays principle of Indian Council for Enviro-Legal Action and the statutes that adopt it, adds strict liability in criminal law with mistake and accident as defences (ss. 14, 17, 18 BNS), and ends with vicarious liability of masters, principals and the State (Vidyawati, Kasturilal, Nagendra Rao). Every paper since 2022-23 has asked about one of these.

Objectives

Slides

  1. Liability without fault: the idea and Salmond's three classes
  2. Rylands v. Fletcher (1868): the rule and its elements
  3. The exceptions to Rylands v. Fletcher: five defences
  4. M.C. Mehta v. Union of India (1987): the oleum gas leak and absolute liability
  5. Rylands v. Fletcher and M.C. Mehta: the contrast, point by point
  6. After M.C. Mehta: Bhopal, the polluter pays and the statutes
  7. Strict liability in criminal law: when mens rea is dispensed with
  8. Mistake and accident as defences: ss. 14, 17 and 18 BNS
  9. Vicarious liability: meaning, maxims, reasons and the course of employment
  10. Vicarious liability of the State: Article 300, Vidyawati, Kasturilal, Nagendra Rao
  11. Revision: the map of liability without fault

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