General Defences: Avoidance of liability in Tort By Jayashree Roy
There are some general defences, which may be taken against action for a number of wrongs Volenti non fit injuria Plaintift, the wrongdoer Inevitable accident Act of God Private defence
Mistake Necessity Statutory authority Judicial/Quasi judicial acts; executive acts Acts Done Under Parental Authority
Strict Liability:- Sometimes the law recognise is no fault liability. The undertaker's of hazardous or dangerous activities have to compensate for the damage caused irrespective of any carelessness on their part. .The rule laid down in Rylands vs Fletcher is called the rule of strict liability. Three essential conditions to apply the Rylands rule:- 1. Dangerous thing 2. Escape
Exceptions to the Rylands rule (Defences): 1. Plaintiffs own default 2. Act of God 3. Act of third party/stranger 4. Consent of the plaintiff 5. Statutory authority
Rule of Absolute Liability: In M. C. Mehta vs. Union of India, the Supreme Court evolved the rule of Absolute liability as part of Indian law in preference to the rule of strict liability. It expressly declared that the new rule was not subject to any of the exceptions under the Rylands rule. The Supreme Court also laid down that the measure of compensation should be correlated to the magnitude and capacity of the enterprise, so that the compensation can have the deterrent effect.
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