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As per the Supreme Court of India in the Oleum Gas Leak Case, the nature of duty owed by an enterprise engaged in hazardous industry posing a potentia
Question

As per the Supreme Court of India in the Oleum Gas Leak Case, the nature of duty owed by an enterprise engaged in hazardous industry posing a potential threat to health and safety of persons residing in the surrounding area is:
(A) Inherent duty
(B) Imperative and non-derogable duty
(C) Absolute and delegable duty
(D) Resolute duty
(E) Absolute and non-delegable duty
Choose the correct answer from the options given below:

A.

(B) and (C) Only

B.

(A) and (D) Only

C.

(E) only

D.

(A) and (C) Only

Correct option is C

In M.C. Mehta v. Union of India (Oleum Gas Leak Case, 1987), the Supreme Court of India held that enterprises engaged in hazardous industries have an absolute liability for any harm caused due to their activities. However, this liability is not delegable, meaning the responsibility cannot be transferred to another entity.

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