Aithal v Seychelles Breweries Ltd (CS 52/2004) [2006] SCSC 26 (29 September 2006)

Aithal v Seychelles Breweries Ltd (CS 52/2004) [2006] SCSC 26 (29 September 2006)

The plaintiff failed to establish actionable damage as required under Article 1382 of the Civil Code. Mere shock or disappointment upon discovering a foreign object, without bodily or mental injury, is not actionable. The legal burden of proof was not discharged by the plaintiff.

Citation
[2006] SCSC 26
Parties
Plaintiff: Ramakrishna Aithal; Defendant: Seychelles Breweries Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 September 2006
Case Number
CS 52/2004
Procedural Posture
Civil / Judgment
Outcome
dismissed
Legal Topics
Nervous Shock, Product Liability, Negligence, Burden of Proof, Damages
Source Language
English
Tort Consumer Protection Nervous Shock Product Liability Negligence Burden of Proof Damages

Case Brief

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Parties

Ramakrishna Aithal

Plaintiff

Seychelles Breweries Ltd

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the presence of a decomposed lizard in a sealed bottle of Ginger Ale manufactured by the defendant constitutes actionable negligence or fault under Article 1382 of the Civil Code
  2. 2 Whether the plaintiff suffered actionable damage as a result of nervous shock or stress upon discovering the foreign object

Ratio Decidendi

The plaintiff failed to establish actionable damage as required under Article 1382 of the Civil Code. Mere shock or disappointment upon discovering a foreign object, without bodily or mental injury, is not actionable. The legal burden of proof was not discharged by the plaintiff.

Court Disposition

dismissed