TORTS - Strict Liability

Question 1

What is strict liability?

Answer 1

• Liability does not depend on proof of fault against defendant.
• May be instances where liability is imposed on defendant even if there was no breach of duty of care.

Question 2

Rylands v Fletcher (1868)? What did judge state?

Answer 2

A person who for his own purposes, brings on his land & collects & keeps there anything likely to do with mischief & if it escapes must keep it as his peril.

Question 3

Rylands v Fletcher (1868) story?

Answer 3

• Defendant engaged contractors to build reservoir on his land to provide water to his mill.
• Contractors filled a number of disused mineshafts but as reservoir was filled, water escaped & flooded plaintiffs mine workings.
• No breach on duty of care from defendant or contractors.
• Claim succeeded and defendant was held liable.

Question 4

What are the defences to strict liability?

Answer 4

1. Statutory Authority - if actions of defendant are authorised under an Act of Parliament this may be a defence to the action. Claim may still proceed if they can prove negligence.
2. Consent - consent by plaintiff to the actions of defendant (not under coercion or duress), may be possible to show risk of escape was accepted. Consent can be implied, not always expressed.
3. Act of a stranger - eg trespasser whereby the defendant could not have reasonably foreseen or prevented it’s escape.
4. Act of god - an event that could not reasonably be expected or guarded against.

Question 5

What is absolute liability?

Answer 5

• Only requires the prosecution to prove that an unlawful act or omission occurred.
• Means you are accountable for something no matter what, even if you didn’t mean to do it or know what you did was wrong.