Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Topics of Law

Question:
Rule of absolute liability was propounded by which of the following Judge in India?
Options:
Justice Gambhir
Justice Dhingra
Justice Krishna Iyer
Justice Bhagwati
Correct Answer:
Justice Bhagwati
Explanation:
The then Chief Justice of India P.N Bhagwati, in the famous 1987 case of M.C. Mehta v. Shri Ram Foods and Fertilizer Industries, held: "We are of the view that an enterprise, which is engaged in a hazardous or inherently dangerous industry, which poses a potential threat to the health and safety of the persons working in the factory and residing in the surrounding areas owes an absolute and non-delegable duty to the community to ensure that no harm results to any one on account of hazardous or inherently dangerous activity in which it is engaged must be conducted with the highest standards of safety and if any harm is done on account of such activity, the enterprise must be absolutely liable to compensate for such harm and it should be no answer to the enterprise to say that it had taken all reasonable care and that the harm occurred without any negligence on its part."