Liability built by relationship of trust
(i) Principal - Agent
Qui Facit per Alium Facit Per se
Act of agent = act of Principal
Act done in ordinary course
Rule of agency is applicable in both
Hamlen Vs Houston & Co
(iii) Master Servant
- Respondent Superior
- Master controls the servant
(iv) Independent Contractor
Contractor will be himself liable
e.g. Taxi Driver, Mechanic takes test drive
In case of professional negligence, professional will be liable.
Liability of defendant for committing an action, regardless of what his/ her intent or mental state was when committing the action.
Rylands Vs Fletcher
Reservoir owned by Reylands. He hired independent contractors, who used weak shafts, rains shats break etc nearly coal block.
Independent contractors not liable
Defendant was J. Blacksun
Essentials of Strict Liability
i. Presence of non-natural dangerous thing
ii. Escape of it
iii. Damages caused by it.
Defences for strict liability
i. Act of god
ii. Plaintiff the wrong doer
iv. Volerti non-fit injuria
v. Act of 3rd party
M C Mehta Vs Union of India - CJI Bhagwati
Same as strict liability
Except no Defences available.
Constitution of India
Other Laws, International bodies etc