Unless the doctors and nurses in attendance voluntarily chose to disclose the identity of the negligent person, liability would be impossible to determine and absolute liability would be the result, irrespective of negligence.
22.
The Doctrine of Absolute Liability was therefore evolved in Oleum Gas Leak Case and can be said to be a strong legal tool against rogue corporations that were negligent towards health risks for the public.
23.
Specifically, jail violates a person's liberty and an absolute liability offence is not in accordance with the principles of fundamental justice . ( See " Re B . C . Motor Vehicle Act " .)
24.
He introduced the concepts of Public Interest Litigation and Absolute liability in India, and for this reason is held along with Justice V . R . Krishna Iyer, to be a pioneer of judicial activism in the country.
25.
This was later taken by the Aberfan enquiry to imply that the Board were contesting liability notwithstanding the 19th Century case of Rylands v Fletcher which meant that they had absolute liability for damage caused by a'dangerous escape'of material.
26.
Even by Bracton s time, lawyers were becoming accustomed to the notion that bailees did not have an absolute liability for chattels bailed to their tending, assuming they used reasonable care or diligence in handling them.
27.
Regulatory bodies tend to favour the approach of declaring offences to be strict or absolute liability, because it makes it easier to prosecute people : there is no longer a requirement to demonstrate that the defendant was deliberately intending to commit an offence.
28.
The necessary requirements for applicability of the new rule of Absolute Liability are that the defendant is engaged in hazardous or inherently dangerous activity and that harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity.
29.
The issue before the Court was whether s . 269 of the Criminal Code violated the s . 7 of the Charter as it potentially allowed for prison sentences for " Absolute Liability " offences ( which was deemed unconstitutional in " Re B . C . Motor Vehicle Act " ).
30.
While going faster is not illegal as such in the absence of a speed limit, it can cause an increased liability in the case of an accident; courts have ruled that an " ideal driver " who is exempt from absolute liability for " inevitable " tort under the law would not exceed " Richtgeschwindigkeit ".
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