Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Judiciary

Question:

Read the following passage and answer the question.

"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 harms 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 famines is done on account of such. The enterprise must be absolutely liable to compensate for such harmful 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."

In the above paragraph if harm occurs by the enterprise, then which of the following is correct.

Options:

Enterprise can take the defence of all reasonable care

Enterprise can take the defense of no negligence on its part

Enterprise can take the defence that the victim is stranger

Enterprise cannot take the defense of all reasonable care and harm occurred without negligence

Correct Answer:

Enterprise cannot take the defense of all reasonable care and harm occurred without negligence

Explanation:

The correct answer is Option (4) → Enterprise cannot take the defense of all reasonable care and harm occurred without negligence