absolute liability

Absolute liability is the Indian rule laid down by the Supreme Court in the Oleum gas leak case (1986). An enterprise engaged in a hazardous or inherently dangerous activity owes an absolute and non-delegable duty to the community; if harm results, it is liable to compensate everyone affected, and none of the exceptions to Rylands v. Fletcher (act of God, act of a stranger, plaintiff's default, consent, statutory authority) is available.

It differs from strict liability, which is the English rule and admits those exceptions. The court also said compensation should be related to the size and capacity of the enterprise so that it acts as a deterrent. The rule is now reflected in statutes such as the Public Liability Insurance Act, 1991.

Example

Since the factory stored chlorine, a hazardous substance, it was under absolute liability for the gas leak and could not plead that sabotage by a stranger caused it.

In Indian law

• M.C. Mehta v. Union of India (Oleum gas leak), 1986 INSC 281
• Public Liability Insurance Act, 1991 (no-fault relief for accidents involving hazardous substances)
• Section 17(3), National Green Tribunal Act, 2010 (no-fault principle applies)

See also

strict liability · no-fault liability · polluter pays principle · act of God

Read more in the study notes

• Absolute liability, polluter pays and the precautionary principle (Environmental Law)
• Ancient and medieval writings, environmental jurisprudence and national environmental policy (Environmental Law)
• Environmental policy and law before and after independence (Environmental Law)
• Public interest litigation and the role of the judiciary in environmental protection (Environmental Law)
• Sustainable development and the Stockholm, Rio and Johannesburg Declarations (Environmental Law)
• Common law and criminal law remedies for environmental harm (Environmental Law)