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Key Takeaways

  1. Strict liability is a legal doctrine that holds individuals or entities responsible for their actions or products regardless of fault or intent.
  2. Absolute liability imposes liability on a party without any exceptions, even when they have taken precautions to prevent harm.
  3. Strict liability is a legal doctrine that holds individuals or entities responsible for their actions or products without requiring proof of fault or intent. In contrast, absolute liability imposes liability without exceptions, regardless of fault, negligence or intent.

What is a Strict Liability?

Strict liability is a legal doctrine that holds individuals or entities responsible for their actions or products regardless of their fault or intent. This means that even if a person or organization did not intend to cause harm, they can still be held liable for any resulting damages.

The critical element in this is the act itself, not the intent or negligence of the person or entity involved. It is commonly applied in product liability cases, ultra-hazardous activities, and wild animals.

It serves as a means of ensuring that victims of harm receive compensation without having to prove negligence or intent.

What is Absolute Liability?

Absolute liability imposes liability on a party without expectations, even when they have taken precautions to prevent them. It is applied in cases involving inherently dangerous activities or substances that have the potential for catastrophic harm.

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In the cases of absolute liability, the defendant is held liable regardless of fault, negligence or intent. This means the responsible party is still held accountable even if all necessary precautions are taken if harm occurs.

It is a legal concept designed to prioritize public safety and ensure that those engaging in hazardous activities or handling dangerous materials are held fully accountable for any harm that may result, regardless of their precautions or intentions.

Difference Between Strict Liability and Absolute Liability

  1. Strict liability is a legal doctrine that holds individuals or entities responsible for their actions or products without requiring proof of fault or intent. In contrast, absolute liability imposes liability without exceptions, regardless of fault, negligence or intent.
  2. Strict liability is commonly applied in cases involving certain high-risk activities and defective products. In contrast, absolute liability is reserved for inherently dangerous actions or substances with potential catastrophic harm, such as nuclear energy and hazardous chemicals.
  3. Strict liability is seen in product liability, wild animal ownership, and ultra-hazardous activities like transporting. In contrast, the absolute penalty is applied to nuclear energy operations, transportation of dangerous goods, and other exceptional hazardous activities.
  4. Strict liability has been a part of common law for a longer time, while absolute liability is a concept that has emerged in response to modern, high-stakes industries.
  5. Strict liability may have certain exceptions, such as product misuse by the consumer, while absolute liability provides exceptions or defences.

Comparison Between Strict Liability and Absolute Liability

ParametersStrict LiabilityAbsolute Liability
Legal basisA legal doctrine that holds individuals or entities responsible for their actions or products without requiring proof of fault or intentImposes liability without exceptions, regardless of fault, negligence or intent
Scope of application applied in cases involving certain high-risk activities and defective products.Reserved for inherently dangerous activities or substances with the potential for catastrophic harm
ExamplesProduct liability, wild animal ownership, and ultra-hazardous activities like transporting activitiesNuclear energy operations, transportation of dangerous goods, and other exceptional hazardous activities
Historical ContextBeen a part of common law for a longer timeA concept that has emerged in response to modern, high-stakes industries
ExceptionsThere may have certain exceptions, such as product misuseProvides exceptions or defences
References
  1. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/defcon37&section=15
  2. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/supami20&section=68
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By Emma Smith

Emma Smith holds an MA degree in English from Irvine Valley College. She has been a Journalist since 2002, writing articles on the English language, Sports, and Law. Read more about me on her bio page.