Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
LEGAL PRINCIPLE: A person is responsible for that which he could have reasonably foreseen or prevented.
FACTUAL SITUATION: A chemist sold a hair conditioner to Jyoti. The conditioner was locally manufactured and the contents, harmful chemicals. were listed on the bottle. The chemist, however, represented to Jyoti that the chemicals used were harmless and beneficial for the hair. On using it, Jyoti's hair was badly damaged and she had to get hair treatment done for the same. Jyoti filed a complaint against the chemist. Will the chemist be liable? DECISION:
Options
Yes, as he should have informed Jyoti that the ingredients are not known.
Liable because he was aware of the side effects of the ingredients.
Not liable because it was the buyer's duty to be aware about the product she is buying.
Not liable as it is a natural tendency to shopkeepers to extol the virtues of the product they are selling.
Solution
Liable because he was aware of the side effects of the ingredients.
