The rule of Absolute Liability was first laid down by
A. Lord Atkin in 1635
B. Justice Blackburn in 1868
C. Winfield in 1765
D. Chief Justice Holt in 1868
Answer: Option C
Solution(By Examveda Team)
The principle of Absolute Liability holds a person liable for harm or damage caused by their actions, regardless of their intentions or negligence. This concept is essential in the field of Law of Torts, where individuals can be held accountable for certain activities that result in harm, even if they took all possible precautions to prevent the harm. Option A: Lord Atkin in 1635This option is incorrect. Lord Atkin is known for the famous case of Donoghue v. Stevenson in 1932, which established the modern concept of negligence and the neighbour principle.
Option B: Justice Blackburn in 1868
This option is incorrect. Justice Blackburn is associated with legal decisions, but not specifically with the establishment of the rule of Absolute Liability.
Option D: Chief Justice Holt in 1868
This option is incorrect. Chief Justice Holt is known for his contributions to English common law, but not for laying down the rule of Absolute Liability.
The correct answer is Option C: Winfield in 1765, as he was the one who first laid down the principle of Absolute Liability in the context of tort law.
This Question Belongs to Law >> Law Of Torts
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Comments ( 1 )
The 'tort of intimidation' was propounded in
A. Winterbottom v. Wright
B. Pasley v. Freeman
C. Winsmore v. Greenbank
D. Rookes v. Barnard
The maxim 'scienti non fit injuria' means
A. Where there is no fault, there is no remedy
B. Mere knowledge does not imply consent to take risk
C. Mere giving consent does not imply to take risk
D. Scientific knowledge is not enough to cause injury
A. Scott v. London & St. Katharine Docks Co.
B. Hedley Byrne Co. Ltd. v. Heller & Partners
C. Derry v. Peek
D. Cann v. Willson
A. Section 82 of the Evidence Act
B. Section 102 of the Evidence Act
C. Section 122 of the Evidence Act
D. Section 124 of the Evidence Act
Sir,
Absolute liability is strict liability without any exception. That liability standard has been laid down by the Indian Supreme Court in M.C. Mehta v. Union of India (Oleum Gas Leak Case).
The Indian judiciary tried to make a strong effort following the Bhopal disaster in December 1984 (Union Carbide Company v. Union of India) to enforce greater amount of protection to the public. The doctrine of absolute liability was therefore evolved in the Oleum gas leak case and can be said to be a strong legal tool against rogue corporations that were negligent towards health risks for the public. This legal doctrine was much more powerful than the legal doctrine of strict liability developed in the English tort law case Rylands v Fletcher [1868]. This meant that the defaulter could be held liable for even third party errors when the public was at a realistic risk. This could ensure stricter compliance to standards that were meant to safeguard the public.
In the light of the above, please consider correctness or otherwise of your answer.