This document summarizes various concepts of liability law, including strict liability, absolute liability, and vicarious liability. It discusses key cases that established principles of strict liability, such as Rylands v. Fletcher. Absolute liability differs from strict liability in that it does not provide any exceptions. Vicarious liability holds one party liable for wrongful acts committed by another in certain relationships, such as between a master and servant. The document also examines liability of corporations and how they can be held criminally liable through principles of vicarious liability.

1. SNBP Law College
Topic: Concept of Liability
Presenter : Reshma Raichurkar
Roll No : 45
Student : LLB 2nd Year Semester 2

2. Points Cover:
● Concept of Strict Liability and Absolute
Liability
● Vicarious Liability
● Liability of Corporations

3. Strict Liability : Laid down by Justice Blackburn
- ‘No Fault ‘ Liability.
- Principle of strict Liability laid down in:
Case Law : Rayland v/s Fletcher
● Essentials :
○ Dangerous things
○ Escape
○ Non-natural use of Land
● Exceptions:
■ Act of God
■ Act of Stranger
■ Plaintiff’s own Fault
■ Statutory Authority
■ Consent of plaintiff

4. Absolute Liability = Strict Liability - Exception.
● ‘No Fault’ Liability.
● 1st time Enterprise was held liable.
● Results can be seen in Payment of Compensation.
● Two Landmark Case Laws:
○ “Shriram Food And fertilizers” v/s “Union Of India”.
○ Bhopal Gas Tragedy (1986). - “UCC” v/s “Union Of India”

5. ● Essentials :
○ Enterprise - Any profit making Organisation
○ Engaged in Hazardous activity.
○ Where Escape is not necessary.
○ Quantum of damages ∝ Size of Enterprise
∝ = Directly Proportional

6. Difference
Absolute Liability Strict Liability
Hazardous or Inherently Dangerous
Activities
Any Other Activities
Escape is not necessary-
Liability within and outside premise
Escape Necessary
No Exception to Rule Provides for exception
Applies to Non-Natural and natural uses
or land
Applies only to Non-Natural use of land

7. Vicarious Liability- Liability for wrongs, committed by others.
● Definition Vicar:
○ “A Vicar is one who performs the function of another. He is a
substitute.”
● Essentials:
○ There should be certain relationship between A and B.
○ The wrongful act should be, in certain way connected with that
relationship.
● It may arise in 3 ways:
○ Liability by ratification.
○ Liability arising out of special relationship.
○ Liability by abetment.

8. BY RELATIONSHIP
● Master and Servant
● Principal and Agent
● Firm and its Partner
● Company and its Directors
● Owner and Independent
● Contractor Guardian and his ward
● MASTER AND SERVANT
○ ESSENTIALS
■ The torts was committed by the servant.
■ The servant has committed the tort in the course his employment.

9. Liability of a Corporation
● This is treated as separate personality in law.
● Historically thought that it was only Civil In nature .
● Companies Act 2013 recognise the corporate criminal liability as criminal
activity.
● Governed by norms of vicarious liability.
Case law: Ranger v/s Great Western Railway 1859.
○ Liability of the Directors and Officers to the Shareholders
○ Liability of the Shareholders

10. Thank You