Question

In Rylands v. Fletcher, Justice Blackburn used the term(s):

• A. Strict liability
• B. Absolute liability
• C. Strict and absolute liability
• D. None of the above

Answer 1

The Correct Option is A

The Correct Option is (A):Strict liability

Answer 2

This question asks which term is associated with Justice Blackburn's judgment in Rylands v. Fletcher (1868), the case that created a distinct head of tortious liability for the escape of dangerous things from land.

1. Strict liability: Justice Blackburn held that a person who brings and keeps something likely to do mischief on his land, and who fails to keep it there, is liable for all the damage that is the natural consequence of its escape, regardless of whether he was negligent. Liability arises without needing to prove fault, which is exactly what strict liability means, and this is the term conventionally used to describe the rule laid down in the case.
2. Absolute liability: this is a stricter Indian doctrine developed later, in M.C. Mehta v. Union of India, which removed even the defences that are available under the Rylands v. Fletcher rule, such as an act of a stranger or statutory authority. It is a distinct, later development, not the term used in Rylands v. Fletcher itself.
3. Strict and absolute liability: since absolute liability is a separate, later doctrine carved out specifically because the original rule had defences attached to it, clubbing the two together as one term misdescribes what Rylands v. Fletcher actually established.
4. None of the above: since the rule is consistently described as strict liability, this option does not apply.

Because the rule in Rylands v. Fletcher allows liability without proof of fault but still permits certain defences, it is conventionally described as strict liability, not the fault-free, defence-free absolute liability that came later.

So, the correct answer is Strict liability.