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A milk vendor supplied X with milk, which contained typhoid germs. X got infected after consuming the milk. Is the milk vendor bound to pay damages?
- a)Yes, breach of condition as to wholesomeness
- b)Yes, conditions as to merchantability
- c)No, A never knew himself
- d)No, B should have seen it
Correct answer is option 'A'. Can you explain this answer?
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A milk vendor supplied X with milk, which contained typhoid germs. X g...
**Breach of Condition as to Wholesomeness**
The correct answer is option 'A', which states that the milk vendor is bound to pay damages because there has been a breach of condition as to wholesomeness. Let's understand why this is the correct answer.
**Explanation:**
1. **Condition as to Wholesomeness:** When a vendor supplies milk, it is implied that the milk is fit for human consumption and free from any harmful substances or germs. This is a condition that is inherent in the contract between the vendor and the customer.
2. **Breach of Condition:** In this case, the milk supplied by the vendor contained typhoid germs, which is a clear breach of the condition as to wholesomeness. The milk was not fit for human consumption and posed a risk to the health of the customer.
3. **Infection of the Customer:** As a result of consuming the contaminated milk, the customer (X) got infected with typhoid. This establishes a direct causal link between the consumption of the milk and the subsequent health issue faced by the customer.
4. **Vendor's Liability:** The milk vendor is liable for the damages caused to the customer due to the breach of condition as to wholesomeness. The vendor had a duty to supply milk that is safe for consumption, and by supplying contaminated milk, they have failed to fulfill this duty.
5. **Remedy: Damages:** As a consequence of the vendor's breach of condition, the customer is entitled to claim damages. Damages refer to the monetary compensation that the injured party is entitled to receive to compensate for the losses suffered as a result of the breach.
In conclusion, the milk vendor is bound to pay damages to the customer because they supplied milk that contained typhoid germs, which is a breach of the condition as to wholesomeness. The customer suffered health issues as a direct result of consuming the contaminated milk, establishing the vendor's liability. The appropriate remedy in this case is the payment of damages to compensate for the losses suffered by the customer.
The correct answer is option 'A', which states that the milk vendor is bound to pay damages because there has been a breach of condition as to wholesomeness. Let's understand why this is the correct answer.
**Explanation:**
1. **Condition as to Wholesomeness:** When a vendor supplies milk, it is implied that the milk is fit for human consumption and free from any harmful substances or germs. This is a condition that is inherent in the contract between the vendor and the customer.
2. **Breach of Condition:** In this case, the milk supplied by the vendor contained typhoid germs, which is a clear breach of the condition as to wholesomeness. The milk was not fit for human consumption and posed a risk to the health of the customer.
3. **Infection of the Customer:** As a result of consuming the contaminated milk, the customer (X) got infected with typhoid. This establishes a direct causal link between the consumption of the milk and the subsequent health issue faced by the customer.
4. **Vendor's Liability:** The milk vendor is liable for the damages caused to the customer due to the breach of condition as to wholesomeness. The vendor had a duty to supply milk that is safe for consumption, and by supplying contaminated milk, they have failed to fulfill this duty.
5. **Remedy: Damages:** As a consequence of the vendor's breach of condition, the customer is entitled to claim damages. Damages refer to the monetary compensation that the injured party is entitled to receive to compensate for the losses suffered as a result of the breach.
In conclusion, the milk vendor is bound to pay damages to the customer because they supplied milk that contained typhoid germs, which is a breach of the condition as to wholesomeness. The customer suffered health issues as a direct result of consuming the contaminated milk, establishing the vendor's liability. The appropriate remedy in this case is the payment of damages to compensate for the losses suffered by the customer.
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A milk vendor supplied X with milk, which contained typhoid germs. X g...
According to the condition as to wholesomeness.., The condition is a part of the condition as to merchantability. It is applicable in cases of eatables,i.e.,foodstuffs and other goods which are used for human consumption. As per this condition, goods sold must be fit for human consumption
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A milk vendor supplied X with milk, which contained typhoid germs. X got infected after consuming the milk. Is the milk vendor bound to pay damages?a)Yes, breach of condition as to wholesomenessb)Yes, conditions as to merchantabilityc)No, A never knew himselfd)No, B should have seen itCorrect answer is option 'A'. Can you explain this answer?
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