Unit 5: Rules of tortuous liability and Remedies:

• 5.1 Rule of Strict and Absolute Liability
• 5.1.1 Rule in Rylands v. Fletcher
• 5.1.2 Bhopal Gas Disaster Case
• 5.1.3 M.C.Mehta v. Union of India
• 5.2 Liability of animal and dangerous chattels
• 5.2.1 Scienter Rule
• 5.2.2 Cattle trespass
• 5.2.3 Ordinary liability in tort
• 5.2.4 Liability towards the transferee
• 5.3 Death in relation to tort
• 5.3.1 Shortening of the expectation of life
• 5.4 Interference with contract or business
• 5.5 Remedies
• 5.5.1 Damages
• 5.5.2 Injunction
• 5.5.3 Specific Restitution of Property
• 5.5.4 Extra-judicial Remedies

 

Unit 5: Rules of Liability and Remedies

1. The “Plain English” Intro

Usually, you only pay for a tort if you were at fault (negligent). However, Strict and Absolute Liability are special rules for dangerous activities where you are liable simply because something went wrong, even if you were super careful. Remedies are the legal “cures,” ranging from money (Damages) to court orders to stop an action (Injunctions).

2. Day-to-Day Analogy

• Strict Liability: You keep a pet tiger. Even if you use the strongest cage and the best locks, if that tiger escapes and bites someone, you are liable. The law says: “You brought a danger into the world; you are responsible for it.”
• Injunction: Your neighbor starts building a wall that completely blocks your only source of sunlight. You don’t just want money later; you want a court order to stop the construction right now.

3. The Legal Backbone (Table)

Rule/Concept	What it says in Simple Terms
Strict Liability	Liability for damage caused by hazardous things on your land, even without fault (allows some defenses).
Absolute Liability	Developed in India; specifically for hazardous industries. No defenses allowed.
Scienter Rule	Liability for wild animals or domestic animals known to have a vicious nature.
Injunction	A court order requiring a person to do or cease doing a specific action.
Extra-judicial Remedies	Actions you can take legally without going to court (e.g., self-defense or re-entry on land).

4. The “Checklist” (Essentials of Strict Liability)

To apply the rule in Rylands v. Fletcher, these must be present:

• Bringing and keeping something dangerous on the land.
• Non-natural use of land (e.g., a massive reservoir is non-natural; a kitchen sink is natural).
• Escape: The dangerous thing must leave your property boundaries.
• Damage: It must cause actual harm.

5. Landmark Case Laws (The Story Method)

Rylands v. Fletcher (1868)

• The Conflict: Fletcher built a reservoir on his land to power his mill. The water broke through old coal shafts and flooded Rylands’ neighboring mine. Fletcher wasn’t negligent; his contractors were.
• The Verdict: The court held Fletcher liable. If you bring something onto your land which is likely to do mischief if it escapes, you keep it at your own peril.

M.C. Mehta v. Union of India (Oleum Gas Leak Case)

• The Conflict: A leak of Oleum gas from a factory in Delhi caused one death and several injuries.
• The Verdict: The Supreme Court of India felt Strict Liability had too many “loopholes” (defenses). They created Absolute Liability: if an enterprise is engaged in a hazardous industry, it has an absolute duty to ensure no harm occurs. No exceptions allowed.

6. Comparison Table: Damages vs. Injunction

Feature	Damages	Injunction
Nature	Monitary compensation (Money).	A court command (Action/Stopping action).
Timeframe	Usually retrospective (compensates for past harm).	Usually prospective (prevents future harm).
Types	Nominal, Substantial, Exemplary.	Temporary, Permanent, Mandatory.

7. Visual Flowchart Description

1. Hazardous Incident Occurs → Was it an “Inherently Dangerous” industry?
   • If YES → Absolute Liability (Pay damages, no defenses).
2. Was it a “Non-natural” use of land?
   • If YES → Strict Liability (Check for defenses like “Act of God”).
3. Remedy Selection:
   • Does the victim want money? → Suit for Damages.
   • Does the victim want the act to stop? → Suit for Injunction.
   • Did the victim take action themselves? → Extra-judicial Remedy (e.g., removing a neighbor’s overhanging branches).

8. Exam “Golden Key”

Latin Maxim: Damnum Sentit Dominus

(The owner bears the loss). Use this when discussing how the loss usually falls on the person who owned the hazardous object that caused the mess. Also, remember: Absolute Liability is India’s unique contribution to global Tort Law!

Master Tip: When discussing Death in relation to tort, remember the maxim Actio personalis moritur cum persona (A personal action dies with the person). However, modern laws like the Fatal Accidents Act allow family members to sue even if the victim has died.