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Principle: Contractual liability is completely irrelevant to the existence of liability in tort (civil wrong).
Fact: X purchased a bottle of ginger-beer from a retailer. As she consumed more than of the contents of the bottle, she found a decomposed remains of a snail in the bottle. After seeing the remains of a snail, she fell sick on the thought of what she consumed. She sued the manufacturer of the beer for negligence, though there is no contractual duty on the part of the manufacturer.
A

X cannot sue the manufacturer for negligence in the absence of a contract


B

X cannot sue the retailer


C

X can sue the manufacturer as he had a duty to take care to see that bottles did not contain any other substance than the beer and hence liable to have broken that duty


D

None of the above

Approved answer
Correct option is C)

The manufacturers of a commodity are under a duty of care for the products it sells to its consumers. The fact that the bottle of beer contained a snail makes the manufacturer liable.

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Principle: Contractual liability is completely irrelevant to the existence of liability in tort (civil wrong).
Fact: X purchased a bottle of ginger-beer from a retailer. As she consumed more than of the contents of the bottle, she found a decomposed remains of a snail in the bottle. After seeing the remains of a snail, she fell sick on the thought of what she consumed. She sued the manufacturer of the beer for negligence, though there is no contractual duty on the part of the manufacturer.
A

X cannot sue the manufacturer for negligence in the absence of a contract


B

X cannot sue the retailer


C

X can sue the manufacturer as he had a duty to take care to see that bottles did not contain any other substance than the beer and hence liable to have broken that duty


D

None of the above

Approved answer
Correct option is C)

The manufacturers of a commodity are under a duty of care for the products it sells to its consumers. The fact that the bottle of beer contained a snail makes the manufacturer liable.

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