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Wednesday, January 1, 2014

[LST] Legal Reasoning Doubt

Q.13 
Principle: In order for one to establish that there has been an act of negligence, it must be shown by the plaintiff that the defendant owed the plaintiff a legal duty of care

Facts: X Co. supplies the concentrate of a beverage known as Tropical to M/s Y & Co. The latter dilutes the concentrate, bottles the same and supplies these bottles to distributors. Z falls ill on consuming a bottle of Tropical and it is later discovered that the bottle contains traces of Endosulfan, a toxic chemical. Z plans to sue X Co.
  aX owed a duty of care to Z.
  bZ ought to have sued Y since Y had control over quality.
  cX and Y are jointly liable to compensate Z.
  dX owes a duty of care to Y not Z.     

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