LAWS 2908 Lecture Notes - Lecture 8: Sheriff Court, Soft Law, Walmart

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Today we will look at how one major case in the early 20th century set standards for what we can construe as legal liability and moral responsibility. The issue of the case was that the respondent produced the ginger beer for the purposes of sale and consumption of the general public. The bottle bears the label of the respondents" company. The appellant consumed the ginger beer from an opaque glass bottle and had no reason to believe that the contents were anything other than ginger beer. The drink was purchased by her friend and was then poured into a glass upon which she discovered the remains of a decomposed snail. This caused her to have gastroenteritis, hence the action. Tort is a civil wrong that causes loss or harm which is the result of an action by a person. Before we go any further we should speak about what negligence is.

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