Where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a-vis the tortuous principle of strict liability.- Held in the case of
Explanation & Strategy
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Under the Indian Contract Act, 'undue influence' (S.16) exists when one party dominates the other's will. Fiduciary relationships (doctor-patient, parent-child, guru-disciple) create presumption of undue influence.