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.