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Directions: The sentence given below is a legal principle followed by a factual situation based on the legal principle. Choose the correct option, which relates both the principle and the situation.
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 content of the bottle, he found decomposed remains of a cockroach in the bottle. He vomited and fell sick on the thought of what he has consumed. He sued the manufacturer of soft drink for negligence, though there is no contractual duty on the part of manufacturer. In your opinion, is the suit maintainable against the manufacturer or the retailer?
  • a)
    Sudhir cannot sue the retailer as he did not commit any mistake.
  • b)
    Sudhir cannot sue the manufacturer for negligence as there was no contract between them.
  • c)
    Sudhir can definitely sue the retailer as it was his duty to check the products before he sold them.
  • d)
    Sudhir can sue the manufacturer as he had a duty to ensure that bottles did not contain any such material.
Correct answer is option 'D'. Can you explain this answer?
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Directions: The sentence given below is a legal principle followed by...
The manufacturer owes a duty of care, which was breached, because it was reasonably foreseeable that failure to ensure the product's safety would lead to harm of consumers. Hence, Sudhir can sue the manufacturer as he had a duty to ensure that bottles did not contain any such material.
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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 café 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 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 sued the manufacturer of the drink for negligence.Q. Applying the afore-stated principle which of the following derivations is CORRECT as regards liability of the manufacturer in the given situation?

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 café 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 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 sued the manufacturer of the drink for negligence.Q. Applying the afore-stated principle which of the following derivations is CORRECT as regards liability of the manufacturer in the given situation?

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Directions: Read the passage and answer the question that follows.The Pesticide Management Bill, 2020, is a long-overdue law on this critical segment of agriculture, in the making since 2008, to replace the obsolete Insecticides Act, 1968. Globally, India is the fourth-largest producer of pesticides. As a first step, the proposed legislation covers all classes of pesticides, not just insecticides as the current law does.Taking into account advances in modern pest management science and the ill effects of synthetic pesticides, the Pesticide Management Bill should bring India's pesticide sector in line with global norms, to some of which India has signed up. The food safety law already has limits on pesticide residue. It would be desirable for the government to subject the Bill to public comment.The present law addresses manufacturing, sale, import, transport, use, and distribution of insecticides. The Bill will cover the life cycle of pesticides from manufacture to disposal and will include regulation of export, packaging, labelling, pricing, storage, and advertisement. Penalties on manufacturers for non-compliance with rules and regulations would be stiffer.An important focus of the Bill is on labelling-manufacturers will be required by law to specify clear and specific information on material and chemical composition, and dosage of use. The labels must carry this information in the local language to ensure that farmers are properly informed. This is critical. There is a tendency of overuse of pesticides by farmers, often driven by ignorance.The Bill should also have provision for technical assistance to farmers on pesticide use from agriculture extension services centers. This is vital for farm exports. Proposals for a pool for compensating farmers might sound good but would diffuse culpability, which must be rigorously established before seeking compensation. Empowering states to set locally relevant norms would be a good idea.While the Bill is a major step forward, it needs to go beyond regulating chemical pesticides. It must take into account non-synthetic pesticides, including research and development.Q. If a manufacturer is supplying pesticides to the farmers at a village in Tamil Nadu. What is the most important thing for the manufacturer to ensure according to the proposed Pesticide Management Bill, 2020?

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Directions: The sentence given below is a legal principle followed by a factual situation based on the legal principle. Choose the correct option, which relates both the principle and the situation.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 content of the bottle, he found decomposed remains of a cockroach in the bottle. He vomited and fell sick on the thought of what he has consumed. He sued the manufacturer of soft drink for negligence, though there is no contractual duty on the part of manufacturer. In your opinion, is the suit maintainable against the manufacturer or the retailer?a)Sudhir cannot sue the retailer as he did not commit any mistake.b)Sudhir cannot sue the manufacturer for negligence as there was no contract between them.c)Sudhir can definitely sue the retailer as it was his duty to check the products before he sold them.d)Sudhir can sue the manufacturer as he had a duty to ensure that bottles did not contain any such material.Correct answer is option 'D'. Can you explain this answer?
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Directions: The sentence given below is a legal principle followed by a factual situation based on the legal principle. Choose the correct option, which relates both the principle and the situation.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 content of the bottle, he found decomposed remains of a cockroach in the bottle. He vomited and fell sick on the thought of what he has consumed. He sued the manufacturer of soft drink for negligence, though there is no contractual duty on the part of manufacturer. In your opinion, is the suit maintainable against the manufacturer or the retailer?a)Sudhir cannot sue the retailer as he did not commit any mistake.b)Sudhir cannot sue the manufacturer for negligence as there was no contract between them.c)Sudhir can definitely sue the retailer as it was his duty to check the products before he sold them.d)Sudhir can sue the manufacturer as he had a duty to ensure that bottles did not contain any such material.Correct answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: The sentence given below is a legal principle followed by a factual situation based on the legal principle. Choose the correct option, which relates both the principle and the situation.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 content of the bottle, he found decomposed remains of a cockroach in the bottle. He vomited and fell sick on the thought of what he has consumed. He sued the manufacturer of soft drink for negligence, though there is no contractual duty on the part of manufacturer. In your opinion, is the suit maintainable against the manufacturer or the retailer?a)Sudhir cannot sue the retailer as he did not commit any mistake.b)Sudhir cannot sue the manufacturer for negligence as there was no contract between them.c)Sudhir can definitely sue the retailer as it was his duty to check the products before he sold them.d)Sudhir can sue the manufacturer as he had a duty to ensure that bottles did not contain any such material.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: The sentence given below is a legal principle followed by a factual situation based on the legal principle. Choose the correct option, which relates both the principle and the situation.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 content of the bottle, he found decomposed remains of a cockroach in the bottle. He vomited and fell sick on the thought of what he has consumed. He sued the manufacturer of soft drink for negligence, though there is no contractual duty on the part of manufacturer. In your opinion, is the suit maintainable against the manufacturer or the retailer?a)Sudhir cannot sue the retailer as he did not commit any mistake.b)Sudhir cannot sue the manufacturer for negligence as there was no contract between them.c)Sudhir can definitely sue the retailer as it was his duty to check the products before he sold them.d)Sudhir can sue the manufacturer as he had a duty to ensure that bottles did not contain any such material.Correct answer is option 'D'. Can you explain this answer?.
Solutions for Directions: The sentence given below is a legal principle followed by a factual situation based on the legal principle. Choose the correct option, which relates both the principle and the situation.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 content of the bottle, he found decomposed remains of a cockroach in the bottle. He vomited and fell sick on the thought of what he has consumed. He sued the manufacturer of soft drink for negligence, though there is no contractual duty on the part of manufacturer. In your opinion, is the suit maintainable against the manufacturer or the retailer?a)Sudhir cannot sue the retailer as he did not commit any mistake.b)Sudhir cannot sue the manufacturer for negligence as there was no contract between them.c)Sudhir can definitely sue the retailer as it was his duty to check the products before he sold them.d)Sudhir can sue the manufacturer as he had a duty to ensure that bottles did not contain any such material.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: The sentence given below is a legal principle followed by a factual situation based on the legal principle. Choose the correct option, which relates both the principle and the situation.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 content of the bottle, he found decomposed remains of a cockroach in the bottle. He vomited and fell sick on the thought of what he has consumed. He sued the manufacturer of soft drink for negligence, though there is no contractual duty on the part of manufacturer. In your opinion, is the suit maintainable against the manufacturer or the retailer?a)Sudhir cannot sue the retailer as he did not commit any mistake.b)Sudhir cannot sue the manufacturer for negligence as there was no contract between them.c)Sudhir can definitely sue the retailer as it was his duty to check the products before he sold them.d)Sudhir can sue the manufacturer as he had a duty to ensure that bottles did not contain any such material.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: The sentence given below is a legal principle followed by a factual situation based on the legal principle. Choose the correct option, which relates both the principle and the situation.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 content of the bottle, he found decomposed remains of a cockroach in the bottle. He vomited and fell sick on the thought of what he has consumed. He sued the manufacturer of soft drink for negligence, though there is no contractual duty on the part of manufacturer. In your opinion, is the suit maintainable against the manufacturer or the retailer?a)Sudhir cannot sue the retailer as he did not commit any mistake.b)Sudhir cannot sue the manufacturer for negligence as there was no contract between them.c)Sudhir can definitely sue the retailer as it was his duty to check the products before he sold them.d)Sudhir can sue the manufacturer as he had a duty to ensure that bottles did not contain any such material.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Directions: The sentence given below is a legal principle followed by a factual situation based on the legal principle. Choose the correct option, which relates both the principle and the situation.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 content of the bottle, he found decomposed remains of a cockroach in the bottle. He vomited and fell sick on the thought of what he has consumed. He sued the manufacturer of soft drink for negligence, though there is no contractual duty on the part of manufacturer. In your opinion, is the suit maintainable against the manufacturer or the retailer?a)Sudhir cannot sue the retailer as he did not commit any mistake.b)Sudhir cannot sue the manufacturer for negligence as there was no contract between them.c)Sudhir can definitely sue the retailer as it was his duty to check the products before he sold them.d)Sudhir can sue the manufacturer as he had a duty to ensure that bottles did not contain any such material.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Directions: The sentence given below is a legal principle followed by a factual situation based on the legal principle. Choose the correct option, which relates both the principle and the situation.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 content of the bottle, he found decomposed remains of a cockroach in the bottle. He vomited and fell sick on the thought of what he has consumed. He sued the manufacturer of soft drink for negligence, though there is no contractual duty on the part of manufacturer. In your opinion, is the suit maintainable against the manufacturer or the retailer?a)Sudhir cannot sue the retailer as he did not commit any mistake.b)Sudhir cannot sue the manufacturer for negligence as there was no contract between them.c)Sudhir can definitely sue the retailer as it was his duty to check the products before he sold them.d)Sudhir can sue the manufacturer as he had a duty to ensure that bottles did not contain any such material.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: The sentence given below is a legal principle followed by a factual situation based on the legal principle. Choose the correct option, which relates both the principle and the situation.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 content of the bottle, he found decomposed remains of a cockroach in the bottle. He vomited and fell sick on the thought of what he has consumed. He sued the manufacturer of soft drink for negligence, though there is no contractual duty on the part of manufacturer. In your opinion, is the suit maintainable against the manufacturer or the retailer?a)Sudhir cannot sue the retailer as he did not commit any mistake.b)Sudhir cannot sue the manufacturer for negligence as there was no contract between them.c)Sudhir can definitely sue the retailer as it was his duty to check the products before he sold them.d)Sudhir can sue the manufacturer as he had a duty to ensure that bottles did not contain any such material.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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