Jesica went to a caf and bought a can of drink. The drink came in an aluminum can. She poured the drink into a glass, and drank some of the drink. When the remaining contents of the bottle were poured into the glass, a decomposed land snail floated out. As consequences of the nauseating sight of the snail and the impurities in the drink that she had consumed, she suffered from severe gastroenteritis.

In accordance with the principles laid down in the caseDonoghue v Stevenson, answer the following:

Does owner of the caf or manufacturer of the drink owe a legal duty to Jesica (consumer) to take reasonable care that there are no defects in the drink? In this scenario, present your points ofargument on both sides, based on the principles laid down by the judge in the case ofDonoghue v Stevenson.

If you think that the manufacturer owes a duty to take reasonable care from a defective product, what remedy would you seek for Jesica as an injured party?