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When an injury is caused by the act of an enterprise engaged in a hazardous or inherently dangerous…

Under M.C. Mehta, absolute liability rests on the enterprise owing an absolute and non-delegable duty to the community that its hazardous activity causes no harm, the…

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When an injury is caused by the act of an enterprise engaged in a hazardous or inherently dangerous activity, the enterprise is absolutely liable for the injury because
1. it has not taken reasonable care.
2. the enterprise owes an absolute and non-delegable duty to the community to ensure that no harm results from the activity.
3. it is considered as a part of the social cost for carrying on the hazardous or inherently dangerous activity.
4. it is difficult to prove lack of care on the part of enterprise.

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Answer and explanation

Correct answer D

Under M.C. Mehta, absolute liability rests on the enterprise owing an absolute and non-delegable duty to the community that its hazardous activity causes no harm, the liability being treated as part of the social cost of carrying on that activity, so "2 and 3 are correct."; it does not depend on proof of want of reasonable care.

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