Absolute liability

Absolute liability is a standard of tort liability which stipulates that "where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-à-vis the tortious principle of strict liability under the rule in Rylands v. Fletcher" ["M.C. Mehta v. Union of India (Oleum Gas Leak Case)" AIR 1987 SC 1086 Para 32] .

In other words absolute liability is strict liability without any exception. This liability standard has been laid down by the Indian Supreme Court in M.C. Mehta v. Union of India (Oleum Gas Leak Case).

Reference


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Look at other dictionaries:

  • absolute liability — see liability 2b Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. absolute liability …   Law dictionary

  • absolute liability — Liability for an injury resulting to another where no account is taken of the standard of care exercised, often called insurer s liability. 38 Am J1st Negl § 4. Criminal liability of which intent not an element. 21 Am J2d Crinn L § 91. Liability… …   Ballentine's law dictionary

  • absolute liability — /æbsəlut laɪəˈbɪləti/ (say absuhlooht luyuh biluhtee) noun → strict liability …   Australian English dictionary

  • liability — li·a·bil·i·ty /ˌlī ə bi lə tē/ n pl ties 1: the quality or state of being liable 2: something for which one is liable: as a: a financial obligation: debt tax liability the bonds …   Law dictionary

  • absolute — ab·so·lute adj 1 a: free from qualification, condition, exception, or restriction rights that even seem absolute have these qualifications Long v. Rockwood, 277 U.S. 142 (1927) see also absolute ownership at ownership compare …   Law dictionary

  • liability — The word is a broad legal term. Mayfield v. First Nat. Bank of Chattanooga, Tenn., C.C.A.Tenn., 137 F.2d 1013, 1019. It has been referred to as of the most comprehensive significance, including almost every character of hazard or responsibility,… …   Black's law dictionary

  • liability — The word is a broad legal term. Mayfield v. First Nat. Bank of Chattanooga, Tenn., C.C.A.Tenn., 137 F.2d 1013, 1019. It has been referred to as of the most comprehensive significance, including almost every character of hazard or responsibility,… …   Black's law dictionary

  • liability insurance — insurance covering the insured against losses arising from injury or damage to another person or property. * * * Insurance against claims of loss or damage for which a policyholder might have to compensate another party. The policy covers losses… …   Universalium

  • absolute — Complete; perfect; final; without any condition or incumbrance; as an absolute bond (simplex obligatio) in distinction from a conditional bond. Unconditional; complete and perfect in itself; without relation to or dependence on other things or… …   Black's law dictionary

  • liability without fault — See absolute liability …   Ballentine's law dictionary


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