Arguments Advanced

WHETHER KISKLE INDIA LIMITED IS STRICTLY LIABLE IN TORT FOR VIOLATING

ANY STATUTORY DUTY OF CARE CREATED BY THE ACT AND THE REGULATIONS
FRAMED THEREUNDER?

Strict liability-

Strict liability is a liability without fault for an injury proximately which is caused by the product that
is defective and not reasonably safe. It is civil context, a rule specifying strict liability makes a person
or a company legally responsible for the damage and less caused by his/her acts and omissions
regardless of culpability.

Under strict liability there is no requirement to prove fault, negligence or intention. The law imputes
strict liability to situations it considers to be inherently dangerous.

 To prove strict liability the plaintiff needs to prove two essentials:

1. Product was defective
2. Product defect was the cause of the injury.

1. As per given in the case that Ramesh had got allergic reaction after consuming Toppie and got
permanent damage to his heart. According to the doctor’s conclusion we got to know that Ramesh
had got allergic reaction to MSG(monosodium Glutamate).

[MSG- MSG is a substance that occurs naturally in many food items . Studies show that MSg may be
harmful for human consumption or it may have carcinogenic effect also. There exists equally
relevant scientific evidence which says that naturally occurring MSg is not harmful for health. Only
artificial added MSG beyond certain quantity may be proven harmful for human health.]

As per studies examine by FSSAI that natural occurring MSG does not cause any harm to the body
but added MSG causes harm to the body if it’s quantity exceeds to 2.5PPM. As we got to know that
Ramesh got allergic reaction after two hours of consuming TOPPIE so we can conclude that the
allergy must have been caused by MSG which was added in the Toppie a product manufactured by
Kiskle Company.

Here this essential is proved that the product was defective.

2. According to the doctor’s conclusion as we got to know that Ramesh got allergic after two hours
of consuming TOPPIE and in the above point this is proved that the product was defective. Due to
the product defect Ramesh complained of chest pain, sweating profusely, headache, palpitation and
later on causing permanent damage to his heart and was unable to practice any intense activity for
the rest of his life.

As it is proven above that the product was defective. And Ramesh got allergic reaction within two
hours of consuming toppie. So the product manufactured by the Kiskle company must contain MSG
and the added MSG in the product was the cause of the injury. Here it is proved that Product defect
was the cause of the injury.

As both the essentials are proved the Kiskle Company is strictly liable under section 402 A. As per this
section the company is fully liable if it is found faulty in manufacturing, packaging and marketing.

So, the company is Strictly liable to compensate the injured plaintiff under section 402 A.
 Statement of Facts

Escola vs. Coca Cola

In this case Company is liable for packaging.

Where a waiter got her palm hurt with the bursting of the bottle of Coca Cola while serving to the
customer. Then the manager of Bar asked to the distributer about the matter. The distributer made
them known that these type of incidents have taken place earlier also. Then they filed a case against
the company and the company found strictly liable for its mistake and under The Sales OF Goods Act
1930. Under thus act the company was strictly liable and had to compensate the injured plaintiff.

So we can relate this case to the case of GJS vs. Kiskle ltd. Because in both of the cases, companies
are fully liable for strict liability and to compensate the injured plaintiff.
 Summary of Arguments
It is contended that the writ petition filed against Kiskle India Limited for strict liability. Strict
liability is a legal process in which the claim filed by the plaintiff focused not on the
manufacturer’s conduct but rather the quality of the manufactured product. Consumption
of MSG by the plaintiff leading to health damages is purely the case of a sensitive plaintiff
leading to health damages as he was subjected to an allergic reaction.

So The Kiskle Company is strictly liable under section 402 A. As per this section the company is fully
liable if it is found faulty in manufacturing, packaging and marketing.