10. (3 Marks)Akeem and friends really enjoy playing soccer. Yesterday, after the game, Akeem stopped by Ali's gas station and bought a sports drink. Akeem is half-way through the sports drink and notices the remains of a cockroach. Within a few hours of drinking the sports drink, Akeem experiences extreme stomach cramps and Akeem goes to the emergency room. At the hospital, Akeem is seen by a medical doctor, who runs some tests and pumps Akeem's stomach, and then the doctor sends Akeem home after he has been observed by the medical staff for 12 hours, and tells him to rest. Three days later Akeem feels better, but Akeem is angry and goes to a lawyer to determine if the sports drink manufacturing company can be sued.

(1 Mark)Based on the above case problem, a judge will apply one element of a three-part legal test to impose a duty upon a manufacturer? True or False

(2 Marks) Name and explain the applicable legal element, and how the judge will determine if the manufacturer owes such a duty to Akeem. If applicable, name the applicable legal decision.