Question:
Principle: Negligence is a breach of duty to exercise reasonable care, resulting in injury or loss to another. Liability arises if the duty is owed and breached.
Facts: 'D' bought a sealed can of soft drink, consumed some, and then poured the rest into a tumbler. A decomposed snail was found in the drink. 'D' fell ill and sued the manufacturer for negligence.
Principle: Negligence is a breach of duty to exercise reasonable care, resulting in injury or loss to another. Liability arises if the duty is owed and breached.
Facts: 'D' bought a sealed can of soft drink, consumed some, and then poured the rest into a tumbler. A decomposed snail was found in the drink. 'D' fell ill and sued the manufacturer for negligence.
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Duty of care extends to the final consumer, regardless of direct contract, in product liability cases.
Updated On: Aug 11, 2025
- The manufacturer is liable for negligence, as it owed a duty to consumers
- The manufacturer is not liable for negligence, as there was no direct contract
- The manufacturer is not liable for negligence because it would be difficult for manufacturers to operate
- The manufacturer could be liable under criminal law, but not for negligence
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The Correct Option is A
Solution and Explanation
The manufacturer owes a duty of care to the ultimate consumer, even without a direct contractual relationship. The presence of a harmful foreign substance in a product meant for consumption breaches this duty, making the manufacturer liable for negligence.
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