Q1.PRINCIPLE: Contractual liability is completely irrelevant to the existence of
liability in torts.
FACTS: X purchased a bottle of ginger-beer from a retailer. As she consumed
more than ¾ of the contents of the bottle, she found decomposed remains of a
snail in the bottle. After seeing the remains of a snail, she fell sick on the thought
of what she consumed. She sued the manufacturer of the beer for negligence,
though there is no contractual duty on the part of the manufacturer.Decision:
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Last updated 7:23 AM on 3/8/24
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