Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Principle: Negligence is a breach of duty or a failure of one party to exercise the standard of care required by law, resulting in damage to the party to whom the duty was owed. A plaintiff can take civil action against the respondent if the respondent's negligence causes the plaintiff injury or loss of property.

Facts: 'D' went to a cafe and ordered and paid for a tin/can of soft drink. The tin was opaque and therefore, the contents could not be seen from outside. She ('D') consumed some of the contents and then lifted the tin to pour the remainder of the content into a tumbler. The remains of a snail in the decomposed state dropped out of the tin into the tumbler. 'D' later complained of stomach pain and her doctor diagnosed her as having gastroenteritis and being in a state of severe shock. She used the manufacturer of the drink for negligence. Applying the afore-stated principle, which of the following derivations is correct as regards the liability of the manufacturer in the given situation?

पर्याय

• The manufacturer is liable for negligence, as it owed a duty (to consumers) to take reasonable care to ensure that its products are safe for consumption

• The manufacturer is not liable for negligence, as there is no direct contract between 'D' and the manufacturer. No duty is owed by the manufacturer towards a particular consumer ('D')

• The manufacturer is not liable for negligence because it would otherwise become very difficult for the manufacturers to do business

• The manufacturer could be made liable under criminal law, but not for tort of regligence

Answer 1

The manufacturer is liable for negligence, as it owed a duty (to consumers) to take reasonable care to ensure that its products are safe for consumption

Explanation:

According to the Law of Torts on Negligence, it is the breach of duty on the part of one party to exercise the standard of care required by law,  resulting in damage to the party to whom the duty was owed.  In the given scenario, D will succeed in her claim against the manufacturer, as they are liable for negligence, as it is their duty to take care to ensure that its products are safe for consumption.