LAW 122 Lecture Notes - Lecture 4: Arsenic Poisoning, Sliding Glass Door, Artificial Insemination
25 Oct 2017
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Liability act) for which the law provides remedies: a breach of duty under a contract is not a tort, negligence: a careless act causing injury or damage to another. Intentional tort: an action intentionally undertaken by a person causing injury or damage to another. The plaintiff, mrs donoghue, visited a cafe with a friend. Her friend bought her a bottle of ginger beer that the defendant had manufactured. After drinking some of the beverage, the plaintiff poured the remainder into her glass. She then noticed that the bottle contained, along with ginger beer, a decomposed snail. The event made her sick, and she sued the defendant for carelessly allowing a snail to get into the drink. The issue before the court was whether a manufacturer owes a duty of care to a person who consumes, but did not personally buy, a particular product.
