'X' drank a soft drink manufactured by 'Y'. The drink had a decomposed snail in the bottle that made 'X' ill. 'X' will have to prove :
(A) harm to claimant
(B) Conversion
(C) Duty to take care
(D) Breach of Duty
(E) Unlawful Harassment
Choose the correct answer from the options given below:
Answer & explanation
Correct answer: option 1
The correct answer is Option (1) → (A), (D) and (C) Only
In this scenario, 'X' will need to prove the following:
- (A) Harm to claimant: 'X' must show that he suffered harm as a result of consuming the contaminated drink.
- (C) Duty to take care: 'Y' (the manufacturer) has a duty to ensure that the product is safe for consumption.
- (D) Breach of Duty: 'X' must demonstrate that 'Y' breached that duty by allowing a decomposed snail to be in the soft drink.
Proving these elements is essential in establishing a case for negligence or product liability.
(B) Conversion: Conversion refers to the unauthorized taking or use of someone else's property, effectively depriving the owner of its use. In this case, it does not apply because 'X' is not claiming that his property was wrongfully taken; rather, he is dealing with the effects of consuming a defective product.
(E) Unlawful Harassment: Unlawful harassment involves actions that cause distress or alarm to an individual, often related to interpersonal conflicts or threats. In this case, 'X' is not experiencing harassment but rather suffering harm from a defective product. Therefore, this option does not apply to the scenario.