No Fault Liability Concept & Indian Judicial Orientation

Abstract

In general sense, No fault liability means a liability which arises without any fault. In legal sense strict liability and absolute liability both are known as no fault liability. Strict liability have its origin in the law of tort while absolute liability has its root in the environmental law. There is gap of a centaury among both the doctrine development. Absolute liability is the strict version of strict liability. There are some exceptions in the strict liability while in absolute liability there is no exception from liability. Absolute liability is a precedent of Indian Judiciary which held in M.C Mehta v Union of India (1986). This doctrine follows “polluter pays” theory.  Strict liability is outcome of Ryland versus Fletcher (1868). First “No fault liability” arises in this case in which a person is liable without any fault. In strict liability escape of anything due to negligence is necessary while in absolute liability dangerous/hazardous activity is an essential. Application of strict and absolute liability principle depends on the nature of escape of thing. Unnatural use of land is an essential in strict liability while in absolute liability it is not necessary whether use of land was natural or unnatural.