No Fault Liability – Strict and Absolute Liability

Abstract

Tort is a civil wrong which derives its origin from a Latin word ‘Tortum’ which means ‘twisted’. It is a British concept which has not much relevant in a developing country like India. But as the nation is on its path of development it is very essential for these concepts to develop further. No fault liability is such a concept which comes under the area of tort law which implicates the liability of a person whether he/she is in the fault or not. It involves no wrong done on the part of the defendant but then also they can be held liable for the damage committed to others. It includes two main arenas of Strict Liability and Absolute Liability. Strict liability is applied when its elements are fulfilled, i.e., escape of a dangerous thing causing harm to others and non-natural use of land, but there are some defence which is provided to defendant under this. On the other hand, in Absolute liability there is no space for these defences and if all the same elements are satisfied then no one can escape from Absolute liability.