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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