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 $3 / 4$ 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.

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

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X cannot sue the retailer

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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

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None of the above

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Solution

The correct option is 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
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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Similar questions

Q. PRINCIPLE: Contractual liability is completely irrelevant to the existence of liability in tort (civil wrong).
FACTS: X purchased a bottle of ginger-beer from a retailer. As she consumed more than 3/4 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 on the part of the manufacturer.

Q. Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Contractual liability is completely irrevalent to the of existence of liability in tort.
FACTUAL SITUATION: A purchased a bottle of ginger-beer from a retailer. As she consumed more than 3/4th of the contents of the bottle, she found decomposed remains of a snail, she fell sick on the manufacturer of what she consumed. She sued the manufacturer of the beer for negligence, through there is no contractual duty on the part of the manufacturer.
DECIDE.

Q. LEGAL PRINCIPLE:Contractual liability is completely irrelevant to the existence of liability in tort.
FACTUAL SITUATION: Sudhir purchased a bottle of soft drink from a retailer. As he consumed more than half of the contents of the bottle, he found decomposed remains of a cockroach in the bottle. He vomited and fell sick on the thought of what has he consumed. He sued the manufacturer of soft drink for negligence, though there is no contractual duty on the part of manufacturer.
DECISION:

Q. Principle Negligence is a breach of duty or a failure of one party to exercise the standard of care required by law, resulting in damage to the party to whom the duty was owed. A plaintiff can take civil action against the respondent, if the respondent's negligence causes the plaintiff injury or loss of property.
Facts 'D' went to a cafe and ordered and paid for a tin/can of soft drink. The tin was opaque and therefore, the contents could not be seen from outside. She ('D') consumed some of the contents and then lifted the tin to pour the remainder of the content into a tumbler. The remains of a snail in decomposed state dropped out of the tin into the tumbler. 'D' later complained of a stomach pain and her doctor diagnosed her as having gastroenteritis and being in a state of severe shock. She used the manufacture of the drink for negligence.
Applying the afore-stated principle, which of the following derivations is correct as regards liability of the manufacturer in the given situation?

Q. Ashima purchased a bottle of tomato-sauce from the local grocery shop. The information provided on the bottle was not clear. She fell sick on consuming it She filed a case in the District Forum under Consumer Protection Act and got the relief.
(a) Identify the important aspect neglected by the marketer in the above case.
(b) Explain briefly the functions of the aspect identified in (a) above.

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