Difference between Strict Liability and Absolute Liability
Basis |
Strict Liability |
Absolute Liability |
---|---|---|
Meaning |
Strict liability arises when the accused person brings any dangerous substances into the organisation and due to the escape of that substance, any harm to any other person is caused. | Absolute liability occurs when any kind of organisation uses dangerous or hazardous substances for profit-making activity and in that duration, any damage is being caused to any other party. |
Principles |
Strict Liability covers the following principles: Non-natural use of land, Dangerous substance, Escape | Absolute Liability covers the following principles: Enterprise, Hazardous activity, Escape not necessary. |
Center role |
Strict Liability undertakes the person. | Absolute Liability undertakes the enterprise. |
Escape |
Escape of hazardous substances is necessary. | Escape of hazardous substances is not necessary. |
Exceptions |
Strict liability undertakes some exceptions like the plaintiff’s own fault, mutual benefit, etc. | Absolute Liability does not undertake any exceptions. |
Reason behind the rules |
Rylands Vs. Fletcher | Bhopal Gas Tragedy |
Scope |
The scope of strict liability is narrower. | The scope of absolute liability is broader. |
Difference between Strict Liability and Absolute Liability
There are chances for any occurrence of mishappenings in the enterprises. The accused person has the obligation to pay the harmed person for the damages caused. Fault-based liabilities cover such obligations. Fault-based liabilities undertake Strict Liability And Absolute Liability. Strict Liability arises when a person gets harmed due to the escape of any hazardous product from the enterprise and Absolute Liability includes the damages done in and out of the organisation due to the use of the hazardous product.