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https://aqualifeusa.com/2020/02/04/a-lawsuit-is-accusing-poland-spring-of-selling-ordinary-groundwater/ Assume that a retailer who has a contract with Nestle to purchase for resale 500 bottles per week for six months. Is this a
https://aqualifeusa.com/2020/02/04/a-lawsuit-is-accusing-poland-spring-of-selling-ordinary-groundwater/
Assume that a retailer who has a contract with Nestle to purchase for resale 500 bottles per week for six months.
- Is this a contract for the sale of goods? Explain
- Several customers have told the retailer they will no longer purchase Poland Spring water because it is "fake." If the brand is damaged, would that be considered a breach of contract? If so, could a retailer get out of the contract? Explain.
- Several customers became ill after drinking Poland Spring bottled water. Doctors' research concluded that the batch of Poland Spring water that the retailer purchased was drawn from a contaminated source that contained arsenic in more than trace amounts. Poland Spring suspected that the water from this source could be contaminated but elected to sell the water and not notify the public. Explain whether the retailer would be strictly liable for the contaminated water. Explain whether the retailer would have liability under negligence or fraud. Define strict liability, negligence and fraud, and then apply each definition to the facts here.
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