Anita bought face cream from the brand SALT After using this on the face she got rashes on her ...........

Legal Studies (CUET) Others

Anita bought face cream from the brand SALT. After using this on the face she got rashes on her face. She confirmed from her friends that her friend also got rashes. Which of the following elements needs to be established by Anita to win the claim against the company?

Intention

Trespass

Nuisance

Duty of care

Explanation:

- Intention: This refers to a deliberate action to cause harm. In product liability cases, proving intention is not usually necessary unless there was a malicious intent, which is rare in such cases.

- Trespass: Generally applies to unlawfully entering someone else's property. It is not relevant for a product liability issue like rashes from face cream.

- Nuisance: Involves interference with a person's enjoyment of land or property. Similar to trespass, this is not applicable to Anita's situation.

- Duty of care: This is the obligation of the company to ensure their products are safe for consumers. If a product causes harm, it may indicate a breach of duty.

- Duty of care is the correct element Anita needs to establish for her claim.