Question

Principles: (1) Consumable goods which 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 & Co. Suggested Decisions: (a) Ram cannot get compensation
(b) Tom cannot get compensation
(c) Both Ram and Tom can get compensation
Suggested Reasons: (i) Shama did not know the contents of sealed bottles.
(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.

• (a) (ii)
• (b) (vi)
• (c) (v)
• (c) (iv)

Hint:

In product liability cases, always identify which entity had the final control over manufacturing and sealing the product—this is usually where primary liability rests.

Answer 1

The Correct Option is C

Step 1: Understanding liability under principles Principle (4) makes the manufacturer liable for the quality of products. Principle (2) ensures that consumers must not suffer due to unmarketable goods, and Principle (1) defines such goods as unfit for consumption. 

Step 2: Applying the facts - The Coca Cola bottle contained nitric acid, making it unfit for consumption. - Kishen & Co., as the bottler, added the consumable ingredients (water, sugar, concentrate) and sealed the bottle. This makes them responsible for the contamination under Principle (4). - Both Ram (purchaser) and Tom (consumer) are entitled to compensation because Principle (2) covers anyone suffering from unmarketable goods, not just the buyer. 

Step 3: Reason for choosing (v) Reason (v) directly identifies Kishen & Co.’s role in creating the final product and sealing it, thus holding them liable for defects. 

Step 4: Conclusion Since both Ram and Tom suffered from unfit goods, and Kishen & Co. is liable as the bottler, the correct decision is (c) with reason (v). \[ \boxed{\text{Correct answer: (c) (v)}} \]