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In tort law, strict liability is the imposition of liability on a party without a finding of fault (such as negligence or tortious intent). The claimant need only prove that the tort occurred and that the defendant was responsible. The law imputes strict liability to situations it considers to be inherently dangerous. [8]
In criminal law, strict liability is liability for which mens rea (Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense (Preterintentionally [1] [2] /ultraintentional [3] /versari in re illicita).
Most requirements for a successful actus reus require a voluntary act, or omission, for evidence of fault. There is also a requirement for a clear causation, there is no liability or fault if the defendant was not actually the sole cause of the act, this is so if there was an intervention of a third party, an unexpected natural event, or the victim's own act.
The term "strict liability" refers to the fact that the tortfeasor's liability is not premised on their culpable state of mind (whether they knew or intended to accomplish the wrongful act, or violated a standard of care by doing so,) but, instead, strictly on the conduct itself or its result.
However, in the one aspect of the decision that was favorable to the appellees, the Court also ruled that states could not impose a strict liability standard for defamation (i.e., plaintiffs had to be able to show fault of some kind) and that juries could not be allowed to award punitive damages, such as the $50,000 Gertz had received, absent ...
The standard common law test of criminal liability is expressed in the Latin phrase actus reus non facit reum nisi mens sit rea, [2] i.e. "the act is not culpable unless the mind is guilty". [3] [4] As a general rule, someone who acted without mental fault is not liable in criminal law. [5] [6] Exceptions are known as strict liability crimes.
In other words, absolute liability is strict liability without any exception. That liability standard has been laid down by the Indian Supreme Court in M.C. Mehta v. Union of India (Oleum Gas Leak Case). The Indian judiciary tried to make a strong effort following the Bhopal disaster in December 1984 (Union Carbide Company v.
Union of India, in Indian tort law is a unique outgrowth of the doctrine of strict liability for ultrahazardous activities. Under this principle of absolute liability, an enterprise is absolutely liable without exceptions to compensate everyone affected by any accident resulting from the operation of hazardous activity. [1]