OVERVIEW
In this topic, we are going to discuss the terms that are strict and absolute liability. These legal concepts of liability on a person are not required to prove them liable for their wrongful act or omission. So let us begin with these two legal concepts.
STRICT LIABILITY
Strict liability refers to the legal doctrine in which a person is held liable for their wrongful act or omission which caused or injured another person regardless of fault and intent.
Now let us see some of its key aspects of strict liability:
- Any inherently dangerous activity, like a person using explosive things, or wild animals, which causes another person to do so, here strict liability will be held although the defendant had taken all necessary care.
- The seller and manufacturer of products can also be held strictly liable for the failure of their products that cause injury and damage to the consumer. Through this, a person can get higher safety standards and other consumer protection.
- This legal concept of strict liability says that the plaintiff should not need to prove that the defendant had caused him any harm but just needs to show that things or activities caused the plaintiff harm.
- For example, if a seller sold some ointment to the plaintiff and it caused him harm then the defendant will be held liable for their activity in the concept of strict liability.
ABSOLUTE LIABILITY
Absolute liability refers to a more stringent concept where there is no defence available to the wrongdoer for their wrongful act or omission. It is less popular but it is used in specific contexts where some people demand public policy. This includes such activities as hazardous acts and other environmental damages.
Now let us see some of the key aspects of absolute liability:
- In this concept of liabilities, there is no legal defence as strict liability has (like contributory negligence).
- Absolute liability is used in a specific demand of public policy which considers the outweigh of the defendant’s interest. Where it ensures that the conduct of a wrongful act harmed the plaintiff, and will be held liable to compensate.
- From this absolute liability, a person can get protection and other environmental causes which harm from exceptionally dangerous acts.
- For example, the statutory authority may impose absolute liability on industries where it involves harmful acts by their higher risks.
CONCLUSION
In this topic, we have learnt about two legal concepts of liability which are named as strict and absolute liability which impose responsibility without fault, whereas absolute liability is a more severe liability, which doesn’t offer defence and considers in full accountabilities a higher risk situation.