I think it should be A since X is the one manufacturing the product and hence he is responsible for what people consume. From what's given here it seems that Y is only incharge of packaging and not the quality-control of the contents.
On Jan 1, 2014 4:53 PM, "Rohan Priyadarshi" <rohanpriyadarshi95@gmail.com> wrote:
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> 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.
> Add to my
> 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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