Question

The question contains some basic principles and fact situations in which these basic principles have to be applied. A list of probable decisions and reasons are given.

Principles:

(1) Consumable goods that are not fit for consumption are not marketable.
(2) A consumer shall not suffer on account of unmarketable goods.
(3) A seller is liable for knowingly selling unmarketable goods.
(4) A manufacturer shall be liable for the quality of his products.

Facts:

Ram bought a Coca Cola bottle from Shama's shop. Back at home, the server opened the bottle and poured the drink into the glasses of Ram and his friend Tom. As Tom started drinking, he felt irritation in his throat. Immediately, Ram and Tom took the sample to test and found nitric acid in the content. Ram filed a suit against Shama, Coca Cola company and the bottler, Kishen and Co.

Suggested Decisions

(a) Ram cannot get compensation
(b) Tom can get compensation
(c) Both Ram and Tom can get compensation

Suggested Reasons

(i) Shama did not know the contents of sealed bottle.
(ii) Ram did not actually suffer though he bought the bottle.
(iii) Tom did not buy the bottle.
(iv) Coca Cola company is responsible since it supplied the concentrate.
(v) Kishen & Co is responsible since it added water, sugar, etc., and sealed the bottle.
(vi) Shama is responsible for selling the defective product. Your decision with the reason,

Options

• (a) (ii)

• (b) (vi)

• (c) (v)

• (c) (iv)

Answer 1

(c) (v)

Explanation:

It is clear from the above principle that manufacturer shall be liable for selling any unmarketable products to the consumers. This problem is related to Donoghue  v. Stevenson's case.