To advise Yaa Asantewaa on a negligence case against Denice Breweries, we must assess the elements of negligence under Ghanaian tort law, drawing on principles relevant to banking professionals who may encounter such liabilities in advisory roles. Negligence, as a tort, is critical for banks to understand, as it informs their duty of care in customer interactions and product endorsements. Below is a structured analysis addressing the legal framework, application to the case, and practical advice.

1. Elements of Negligence (8 marks)
To succeed in a negligence claim, Yaa Asantewaa must prove four elements, as established in Ghanaian law (aligned with common law principles, e.g., Donoghue v Stevenson [1932] AC 562, which is persuasive in Ghana):

Duty of Care: Denice Breweries, as a manufacturer, owes a duty of care to consumers to ensure their products are safe for consumption. This stems from the neighbor principle in Donoghue v Stevenson, where a manufacturer is liable for foreseeable harm caused by defective products. In Ghana, this is reinforced by consumer protection laws, such as the Public Health Act, 2012 (Act 851), which mandates safe food and beverage standards.
Breach of Duty: Yaa must show that Denice Breweries failed to meet the standard of care expected of a reasonable manufacturer. The presence of kerosene in the ginger beer suggests a failure in quality control or production processes, breaching the duty to provide a safe product.
Causation: Yaa must prove that the breach (kerosene in the bottle) directly caused her injury. If medical evidence confirms that her injuries resulted from consuming the contaminated ginger beer, causation is established.
Damage: Yaa must demonstrate actual harm, such as physical injury, medical expenses, or pain and suffering. The fact that she “got injured” satisfies this requirement, assuming she can provide evidence (e.g., medical reports).
2. Application to Yaa Asantewaa’s Case (8 marks)
Duty of Care: Denice Breweries owes Yaa a duty as a consumer of their product. Ghanaian courts, drawing on Donoghue v Stevenson, would recognize this duty, especially for consumables like ginger beer, where safety is paramount.
Breach: The presence of kerosene, a harmful substance, in a sealed bottle indicates a clear breach. Ghanaian case law, such as Agyei v Ghana Breweries Ltd (hypothetical for illustration, as specific cases are sparse), would likely infer negligence from such contamination, absent evidence of tampering post-manufacture.
Causation and Damage: Yaa’s injury, directly linked to consuming the contaminated ginger beer, establishes causation and damage. She must provide medical documentation to quantify her injuries (e.g., poisoning, burns, or hospitalization costs).
Defenses: Denice Breweries may argue:
Contributory Negligence: If Yaa failed to notice the kerosene (e.g., unusual smell or appearance), her claim could be reduced, though this is unlikely given the sealed nature of the bottle.
Third-Party Interference: If the kerosene was introduced after leaving the brewery (e.g., during distribution), Denice may avoid liability. However, under res ipsa loquitur (the thing speaks for itself), the court may presume negligence unless Denice proves otherwise.
3. Practical Advice for Yaa Asantewaa (4 marks)
Legal Action: Yaa should file a claim in a Ghanaian District Court or High Court (depending on the claim’s value) for damages under tort law. She should engage a lawyer to draft a statement of claim, citing negligence and referencing the Public Health Act, 2012.
Evidence Collection:
Retain the contaminated bottle and any remaining contents for forensic analysis.
Obtain medical reports detailing her injuries and treatment costs.
Secure receipts or proof of purchase to establish she bought the product.
Alternative Remedies: Yaa could report the incident to the Food and Drugs Authority (FDA) Ghana for regulatory action against Denice Breweries, potentially leading to product recalls or fines. She may also negotiate a settlement with Denice to avoid litigation, a common practice in Ghana to minimize publicity.
Banking Context: As a banker, understanding such cases is vital when advising customers on liability claims or managing bank-endorsed products (e.g., co-branded consumer goods). Banks like GCB Bank, which engage in corporate social responsibility, must ensure partners (e.g., beverage suppliers for events) meet safety standards to avoid vicarious liability.
Conclusion
Yaa Asantewaa has a strong case for negligence against Denice Breweries, provided she can substantiate the elements of duty, breach, causation, and damage. By gathering evidence and pursuing legal or regulatory remedies, she can seek compensation for her injuries. This case underscores the importance of tort law in banking, where professionals must navigate liabilities in customer advisory roles or product partnerships.