Strict liability (Rylands v. Fletcher) and absolute liability (M.C. Mehta v. Union of India)
LUG-101 Law of Torts including Motor Vehicle Accident and Consumer Protection Act, Unit I: Liabilities — strict liability and absolute liability; vicarious liability: scope and justification. · LLB · 60 min
Liability without fault: the general principle "no liability without fault" and its exceptions; the facts and rule of Rylands v. Fletcher (1868), its essentials (a dangerous thing, escape, non-natural use) and its exceptions (plaintiff's default, Act of God, consent, act of a third party, statutory authority) with cases; Read v. Lyons (1947); the rule in India; the rule of absolute liability in M.C. Mehta v. Union of India (1987, oleum gas), the Bhopal litigation, Indian Council for Enviro-Legal Action (1996) and the polluter-pays principle; no-fault liability in statutes; a comparison table. It answers 2017-18 (A10, B3), 2019-20 (A6, B2), 2022-23 Q1(c), 2023-24 Q4(a), 2024-25 Q2(b) and 2025-26 Q1(c) and Q3(c).
Objectives
- Explain the fault principle and why the law imposes liability without fault in some situations.
- State the facts and rule of Rylands v. Fletcher and its three essentials, with cases.
- Explain each exception to the rule with a leading case, and the effect of Read v. Lyons.
- State the rule of absolute liability in M.C. Mehta v. Union of India (1987) and how it differs from strict liability.
- Explain the later Indian developments: Bhopal, Indian Council for Enviro-Legal Action, polluter pays, and statutory no-fault liability.
Slides
- No liability without fault - and its exceptions
- Rylands v. Fletcher (1868): facts and decision
- Essentials of the rule
- Exceptions to the rule (1): plaintiff's default, Act of God, consent
- Exceptions to the rule (2): act of a stranger, statutory authority
- Rylands in India
- M.C. Mehta v. Union of India (1987): the rule of absolute liability
- After M.C. Mehta: Bhopal, Bichhri and polluter pays
- Strict liability and absolute liability compared
- Revision problem: applying the two rules
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