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    Strict Liability

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    akash anand
    This document is a rough draft submitted by a law student to fulfill requirements for a Jurisprudence course. It introduces the concept of strict liability, where a defendant can be held liable for damages caused by inherently dangerous activities even without proof of negligence. Strict liability applies in cases involving defective products, injuries caused by animals, or hazardous activities like construction blasting. The student's research paper will analyze the necessity of absolute liability in India, examine the differences between absolute and strict liability, and discuss Rylands v. Fletcher, a landmark strict liability case. It will conclude with suggestions after reviewing liability and available defenses.

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    Strict Liability

    Uploaded by

    akash anand
    40 views4 pages
    This document is a rough draft submitted by a law student to fulfill requirements for a Jurisprudence course. It introduces the concept of strict liability, where a defendant can be held liable for damages caused by inherently dangerous activities even without proof of negligence. Strict liability applies in cases involving defective products, injuries caused by animals, or hazardous activities like construction blasting. The student's research paper will analyze the necessity of absolute liability in India, examine the differences between absolute and strict liability, and discuss Rylands v. Fletcher, a landmark strict liability case. It will conclude with suggestions after reviewing liability and available defenses.

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    JURIS

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    This document is a rough draft submitted by a law student to fulfill requirements for a Jurisprudence course. It introduces the concept of strict liability, where a defendant can be held liable for damages caused by inherently dangerous activities even without proof of negligence. Strict liability applies in cases involving defective products, injuries caused by animals, or hazardous activities like construction blasting. The student's research paper will analyze the necessity of absolute liability in India, examine the differences between absolute and strict liability, and discuss Rylands v. Fletcher, a landmark strict liability case. It will conclude with suggestions after reviewing liability and available defenses.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    40 views4 pages

    Strict Liability

    Uploaded by

    akash anand
    This document is a rough draft submitted by a law student to fulfill requirements for a Jurisprudence course. It introduces the concept of strict liability, where a defendant can be held liable for damages caused by inherently dangerous activities even without proof of negligence. Strict liability applies in cases involving defective products, injuries caused by animals, or hazardous activities like construction blasting. The student's research paper will analyze the necessity of absolute liability in India, examine the differences between absolute and strict liability, and discuss Rylands v. Fletcher, a landmark strict liability case. It will conclude with suggestions after reviewing liability and available defenses.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    STRICT LIABILITY

    ROUGH DRAFT SUBMITTED IN PARTIAL FULFILMENT OF THE COURSE


    TITLED JURISPRUDENCE-I FOR OBTAINING THE DEGREE B.B.A., LL.B.
    DURING THE ACADEMIC YEAR 2020-21.

    SUBMITTED TO: - SUBMITTED BY: -


    Dr. Manoranjan kumar Akash Anand
    Faculty of Jurisprudence-2 6th Semester
    Roll No: 1808

    CHANAKYA NATIONAL LAW UNIVERSITY, PATNA


    February, 2020
    INTRODUCTION
    When pursuing a legal action for liability, the plaintiff must generally prove that the
    defendant was somehow at fault, whether by negligence or direct fault, for the damages
    incurred by the plaintiff. The law, however, recognizes there are certain circumstances that
    are so inherently dangerous or hazardous, that there is no need for the plaintiff to prove direct
    fault or negligence.

    Strict liability, also referred to as “absolute liability,” applies to such issues as injuries or
    other damages caused by a defective product, damages caused by animals, and engaging in
    certain hazardous activities. An individual or entity may be held strictly liable in both civil
    and criminal actions.

    In civil law, a tort is an intentional or negligent act, a civil wrong, as opposed to a criminal
    act, which causes harm to another. A tort, then, is the basis for a civil lawsuit, and includes
    such acts as negligence, assault, intentional infliction of emotional distress, and products
    liability.

    A strict liability tort holds a person or entity responsible for unintended consequences of his
    actions. In other words, some circumstances or activities are known to be fundamentally
    dangerous, so when something goes wrong, the perpetrator is held legally responsible.

    For example: ABC Construction company is building a road through a rural area when it
    encounters a rocky promontory. Although the area is rather close to a housing district, they
    decide to blast away the rock. A child, playing in a yard two blocks away is hit by a piece of
    flying rock, causing a deep laceration. ABC Construction was just going about its business,
    and took the usual precautions for such blasting, so negligence isn’t an issue.

    The activity of blasting, however, carries with it inherent dangers, including flying debris.
    The child’s parents may sue the construction company for the child’s medical bills, as well as
    his pain and suffering, as ABC Construction is strictly liable in the situation.

    METHOD RESEARCH

    The researcher has adopted a purely doctrinal method of research. The researcher has made
    extensive use of the library at the Chanakya National Law University and also the internet
    sources.
    SOURCE OF DATA

    The researcher has relied upon both primary as well as secondary sources to complete the
    project.
    • Primary Source – Bare Act, Case Law

    • Secondary Source – Newspaper, Article Internet

    METHOD OF WRITING

    The method of writing followed in the course of this research paper is primarily analytical.

    AIMS AND OBJECTIVE

    The researcher tends to analyze the necessity of absolute liability in India, know the
    exception under strict liability and examine the difference between absolute and strict
    liability.

    HYPOTHESIS

    The researcher presumes that this rule is very important for commercial and other activities
    that have the potential to result in horrific damages.

    TENTATIVE CHAPTERIZATION

    Chapter 1: - introduction.

    Chapter 2: - Development and types of strict liability

    Chapter 3: - Rylands vs Fletcher case study

    Chapter 4: - Strict liability vs Absolute liability

    Chapter 5: - Liability and defences

    Chapter 6:- Conclusion and Suggestion

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