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Happy Hen Farm is a wholesale dealer in chicken meat and eggs. On June 18, 2020 Mr. Longfoot esq. initiated proceedings in the court of
Happy Hen Farm is a wholesale dealer in chicken meat and eggs. On June 18, 2020 Mr. Longfoot esq. initiated proceedings in the court of Krakow, Poland, on behalf of his English client, Happy Hen Farm, against Ogorzalek Foods, a Polish manufacturer in chicken feed. The claimant bought the chicken feed he needed from Ogorzalek Foods in December 2019. The goods were delivered by truck CIP Bristol (Incoterms 2020). At the end of 2019 a contamination was detected in Poland with PCB's in animal food products, mainly eggs and chicken. Experts in food safety remembered the much-publicised dioxine crisis in Belgium in 1999. Although Polish health inspectors reported the problem in November 2019, measures were taken only from the end of February 2020 when the media revealed the case. It was confirmed that the dioxin-like toxicity in chicken and eggs was a consequence of the presence of PCB's in the chicken feed. Later investigations revealed that the source of the contamination came from an oil-and-fat recycling company, which reprocessed the fats in animal and chicken feed. A Polish public report announced that high dioxin levels were detected in human blood plasma. The alarm about dioxin in eggs was given in England in March 2020. Happy Hen Farm informed the seller of the chicken feed about the problems caused in England by the contamination and about the complaints of his customers only by a long telephone call begin May. Afterwards a legal counsel, Mr. Longfoot esq., is consulted who decides to sue the seller. Questions: a) Is Orgozalek Foods liable on basis of the CISG for damage caused to Happy Hen Farm by the presence of dioxin in the eggs offered for sale in England to customers of Happy Hen Farm? b) Could, in the hypothesis that damages would be granted, these damages be reduced in this case, and on what ground would that be? Cite the articles on which you base your answer. You could find inspiration in the case law of the German Bundesgerichtshof.
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