Absolute liability

To be convicted of an ordinary crime, in certain jurisdictions, a person must not only have committed a criminal action but also have had a deliberate intention or guilty mind (mens rea).

Strict or absolute liability can also arise from inherently dangerous activities or defective products that are likely to result in a harm to another, regardless of protection taken, such as owning a pet rattle snake; negligence is not required to be proven.

Absolute liability is used for certain regulatory offences in which it is necessary for individuals engaged in potentially hazardous or harmful activity to exercise extreme, and not merely reasonable, care.

In these cases, the courts accepted that the benefits to the community overrode any potential negative impact on the accused person.

Specifically, jail violates a person's liberty and an absolute liability offence is not in accordance with the principles of fundamental justice.

The doctrine of absolute liability was therefore evolved in the 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.