New Upcoming Legal Jobs Free Workshop March 11 at 5 PM. Register here

    Question

    How is the concept of Strict Liability in torts commonly

    referred to?
    A Absolute Liability Correct Answer Incorrect Answer
    B Negligence Liability Correct Answer Incorrect Answer
    C Fault-Based Liability Correct Answer Incorrect Answer
    D Intentional Liability Correct Answer Incorrect Answer
    E Strict-Fault Liability Correct Answer Incorrect Answer

    Solution

    The concept of Strict Liability in torts is also referred as “No-Fault Liability”, which can very explain this concept in an obvious manner- “that liability would exist irrespective of any fault”. There exist certain activities which are inherently so dangerous in nature that merely carrying them on poses a duty on the person who does so, to compensate for any damage irrespective of any carelessness on their part. The rationale behind imposing such liability is the foreseeable risk involved in such activities. Absolute liability is a tort derived from the British concept of strict liability, with some changes. But the basic principle of no-fault liability exists in this theory as well. It does not give any exceptions to the defendant to save himself from the wrongful act, which is not the case in strict liability as it leaves room for the defendant to save himself by proving that the plaintiff was the wrongdoer, it was vis major (act of God), it was an act of third party or that there was consent.

    Practice Next

    Relevant for Exams: