Rylands V. Fletcher (1868)
WHAT IS TORT ( NATURE & DEFINATIONS )
Shall I write above Law of Tort or Law of Torts. But we will take up the difference a bit later and first get to know what a tort is ? Tort which is equivalent to the English term ‘wrong’ finds its root in the Latin term ‘tortum’ which means ‘to twist’. Thus “tort means “a conduct which is not straight or lawful, but, on the other hand, twisted ,crooked or unlawful . Tort is violation of a legal right vested in any particular individual (defamation) or of public at large (Public nuisance).It is a branch of the obligations ,where the legal obligations to refrain from harm to another and ,if harm is done, to repair it or compensate for it ,are imposed not by agreement, but independently
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We know now that this liability gained its basis from the case of Rylands v. Fletcher (1868) . It is a liability for which defendant is held liable even if he was not negligent, had no intention of causing that harm or even made positive efforts to avert the same. Because of this nature of it , it is also referred as “no fault” liability. According to this rule if a person brings any dangerous thing on his land and keeps it and that thing escapes and does the very probable mischief , the person brought it there or who is the owner of this thing will be liable even if he has not been negligent . The liability here arises not because of any fault of defendant but because of the dangerous nature of the thing brought to the land and escape of such thing. It was held in this case that the use of land should be …show more content…
It puts a complete liability on the defendant without any defence. In comparison to strict liability, it involves higher degree of compensation, as the defendant can not claim any defence like of Act of God or so as the case is in strict liability.
Important cases and the rule of Absolute Liability and How it turned beneficial to environment : In the case of M.C. Mehta v. Union of India claim arose from the leakage of oleaum gas on 4th and 6th December, 1985 because of which one advocate died and several others were affected by the same. The Supreme Court without considering the line of 19th century case Ryland v. Fletcher laid down the rule of Absolute Liability . The Supreme Court in India Council For Enviro-Legal Action v. Union Of India following its earlier decision , M.C.Mehta v. Union of India imposed absolute liability on the enterprises carrying on inherently hazardous and dangerous
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