Multiple choice

Principle: A manufacturer is liable to pay compensation to a consumer for any harm or damage caused due to a defect in the product. Factual Situation: X purchased a banian from Y & Co. Before rushing for an interview he wore the new banian. When he was called in for the interview, his entire body was itching. Throughout the interview he was embarrassed as he was repeatedly scratching his body. After the interview he rushed to a dermatologist, who diagnosed it as dermatitis due to the presence of some chemical present in the banian. The Doctor brought to his attention a warning strip in the banian “Wash before use”. He obviously lost the job due to his clumsy behaviour at the interview. X sues Y & Co. for compensation.

  1. Y & Co. will be liable because the manufacturer is answerable to a consumer for any defect in the product.

  2. Y & Co. is not liable as they had given specific instructions to “wash before use” and it was the responsibility of the consumer to comply with the same.

  3. Y & Co. will not be liable but the retailer should have reminded the customer to wash the banian before use.

  4. Y & Co. will be liable for using extra sensitive chemicals in such under garments.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

X will not succeed in a suit filed against Y & Co. for compensation because Y & Co. had given specific instructions to “wash before use” and it was the responsibility of the consumer to comply with the same. Hence, Y & Co. is not liable.

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