Problem
While attending a store, Ms Mary Sipalo was given a bottle of ginger beer, purchased for her by a friend. The bottle was later discovered to contain a decomposing snail. Since the bottle was not made of clear glass, Mary consumed most of its contents before she became aware of the snail. She later fell ill and a physician diagnosed her with gastroenteritis. Ms Simpalo subsequently took legal action against Mr David Stevenson, the manufacturer of the ginger beer who raised the defense contributory negligence.
a) What kind of burden does Ms Simplo have? Please justify your answer.
b) What kind of burden does Mr Stevenson have? Please justify your answer.