Q: What is Absolute liability in tort ?

Ans: Absolute liability

In the case of M.C. Mehta v. Union of India, the doctrine of absolute liability was developed. This case was a significant turning point in Indian legal history by establishing a new rule. The rule stated that an enterprise is strictly liable to compensate all those harmed by an accident when the enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone as a result of an accident in the operation of such hazardous or inherently dangerous activity.

M.C. Mehta v. UOI- A company owned by Union Carbide was established in Bhopal. The factory produced pesticides and similar goods. 40 tonnes of hazardous gas were released by the plant overnight on December 2nd, 1984. (methyl isocyanate). The surrounding region of the facility turned into a gas chamber, resulting in 3000 fatalities and numerous injuries. All of the plant's safety systems were determined to be broken throughout the examination. The Supreme Court decided against adhering to the strict liability rule because doing so would let these industries off the hook for the harm they inflicted and the lives they lost.
The rule stated clearly that when an enterprise engages in a risky or inherently dangerous activity and harm is caused to anyone as a result of an accident while carrying out such a risky or inherently dangerous activity, the enterprise is strictly and absolutely liable to compensate all parties affected by accident and such liability is not subject to any of the exceptions that apply to the tortious principle of strict liability.

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