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 respondentandrsquo;s negligence causes the plaintiff injury or loss of property.FACTS: D went to a cafandeacute; 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?a)The manufacturer is liable for negligence, as it owed at duty (to consumers) to take reasonable care to ensure that its products are safe for consumptionb)The manufacturer is not liable for negligence as there is no direct contract between D and the manufacturer. No duty is owed by the manufacturer towards a particular consumer.c)The manufacturer is not liable for negligence because it would otherwise become very difficult for the manufacturers to do business.d)The manufacturer could be made liable under criminal law, but not for tort of negligence.Correct answer is option 'A'. Can you explain this answer?

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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?

a)
The manufacturer is liable for negligence, as it owed at duty (to consumers) to take reasonable care to ensure that its products are safe for consumption
b)
The manufacturer is not liable for negligence as there is no direct contract between D and the manufacturer. No duty is owed by the manufacturer towards a particular consumer.
c)
The manufacturer is not liable for negligence because it would otherwise become very difficult for the manufacturers to do business.
d)
The manufacturer could be made liable under criminal law, but not for tort of negligence.

Correct answer is option 'A'. Can you explain this answer?

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PRINCIPLE: Negligence is a breach of duty or a failure of one party to...

Manufacturer of the soft drink owe duty of care towards consumers and they were negligent in exercising the standard of care which resulted in damage (gastroenteritis) to D.
Option (A) is correct.

Answered by Glance Learning Institute · View profile

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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?

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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?a)The manufacturer is liable for negligence, as it owed at duty (to consumers) to take reasonable care to ensure that its products are safe for consumptionb)The manufacturer is not liable for negligence as there is no direct contract between D and the manufacturer. No duty is owed by the manufacturer towards a particular consumer.c)The manufacturer is not liable for negligence because it would otherwise become very difficult for the manufacturers to do business.d)The manufacturer could be made liable under criminal law, but not for tort of negligence.Correct answer is option 'A'. Can you explain this answer?

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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?a)The manufacturer is liable for negligence, as it owed at duty (to consumers) to take reasonable care to ensure that its products are safe for consumptionb)The manufacturer is not liable for negligence as there is no direct contract between D and the manufacturer. No duty is owed by the manufacturer towards a particular consumer.c)The manufacturer is not liable for negligence because it would otherwise become very difficult for the manufacturers to do business.d)The manufacturer could be made liable under criminal law, but not for tort of negligence.Correct answer is option 'A'. 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 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?a)The manufacturer is liable for negligence, as it owed at duty (to consumers) to take reasonable care to ensure that its products are safe for consumptionb)The manufacturer is not liable for negligence as there is no direct contract between D and the manufacturer. No duty is owed by the manufacturer towards a particular consumer.c)The manufacturer is not liable for negligence because it would otherwise become very difficult for the manufacturers to do business.d)The manufacturer could be made liable under criminal law, but not for tort of negligence.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for 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?a)The manufacturer is liable for negligence, as it owed at duty (to consumers) to take reasonable care to ensure that its products are safe for consumptionb)The manufacturer is not liable for negligence as there is no direct contract between D and the manufacturer. No duty is owed by the manufacturer towards a particular consumer.c)The manufacturer is not liable for negligence because it would otherwise become very difficult for the manufacturers to do business.d)The manufacturer could be made liable under criminal law, but not for tort of negligence.Correct answer is option 'A'. Can you explain this answer?.

Solutions for 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?a)The manufacturer is liable for negligence, as it owed at duty (to consumers) to take reasonable care to ensure that its products are safe for consumptionb)The manufacturer is not liable for negligence as there is no direct contract between D and the manufacturer. No duty is owed by the manufacturer towards a particular consumer.c)The manufacturer is not liable for negligence because it would otherwise become very difficult for the manufacturers to do business.d)The manufacturer could be made liable under criminal law, but not for tort of negligence.Correct answer is option 'A'. 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 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?a)The manufacturer is liable for negligence, as it owed at duty (to consumers) to take reasonable care to ensure that its products are safe for consumptionb)The manufacturer is not liable for negligence as there is no direct contract between D and the manufacturer. No duty is owed by the manufacturer towards a particular consumer.c)The manufacturer is not liable for negligence because it would otherwise become very difficult for the manufacturers to do business.d)The manufacturer could be made liable under criminal law, but not for tort of negligence.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of 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?a)The manufacturer is liable for negligence, as it owed at duty (to consumers) to take reasonable care to ensure that its products are safe for consumptionb)The manufacturer is not liable for negligence as there is no direct contract between D and the manufacturer. No duty is owed by the manufacturer towards a particular consumer.c)The manufacturer is not liable for negligence because it would otherwise become very difficult for the manufacturers to do business.d)The manufacturer could be made liable under criminal law, but not for tort of negligence.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for 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?a)The manufacturer is liable for negligence, as it owed at duty (to consumers) to take reasonable care to ensure that its products are safe for consumptionb)The manufacturer is not liable for negligence as there is no direct contract between D and the manufacturer. No duty is owed by the manufacturer towards a particular consumer.c)The manufacturer is not liable for negligence because it would otherwise become very difficult for the manufacturers to do business.d)The manufacturer could be made liable under criminal law, but not for tort of negligence.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of 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?a)The manufacturer is liable for negligence, as it owed at duty (to consumers) to take reasonable care to ensure that its products are safe for consumptionb)The manufacturer is not liable for negligence as there is no direct contract between D and the manufacturer. No duty is owed by the manufacturer towards a particular consumer.c)The manufacturer is not liable for negligence because it would otherwise become very difficult for the manufacturers to do business.d)The manufacturer could be made liable under criminal law, but not for tort of negligence.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice 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?a)The manufacturer is liable for negligence, as it owed at duty (to consumers) to take reasonable care to ensure that its products are safe for consumptionb)The manufacturer is not liable for negligence as there is no direct contract between D and the manufacturer. No duty is owed by the manufacturer towards a particular consumer.c)The manufacturer is not liable for negligence because it would otherwise become very difficult for the manufacturers to do business.d)The manufacturer could be made liable under criminal law, but not for tort of negligence.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.

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