Question
Jon agrees to sell 5,000 units of vitamins to Dany. Dany operates a retail grocery store and intends to sell the vitamins in her store.
Jon agrees to sell 5,000 units of vitamins to Dany. Dany operates a retail grocery store and
intends to sell the vitamins in her store. Jon doesn't have any experience in medicine or
chemistry and he just started making the vitamins using a formula he learned from a friend who
is a chemist up North. This is Jon's first sale; he is trying to get into the business of selling
vitamins so he can quit his full time job as a security officer. The contract calls for the vitamins
to be shipped from Jon's warehouse directly to Dany's store by December 1st. Dany agrees to
pay for the vitamins when they arrive at her store. Jon ships out the vitamins on November 15th.
On November 19th, engineers for the railroad Jon uses to ship the vitamins go on strike. Jon
notifies Dany of the strike, but she does not respond to his message. The strike ends and the
vitamins finally arrive on December 2nd. Dany takes a look at the vitamins and decides she will
keep them and she pays Jon. Dany notices that Jon has put what she believes to be an
unnecessary warning on the vitamins that the vitamins should not be taken by people with high
blood pressure. She thinks the warning will discourage people from buying the vitamins, so she
removes it from all of the bottles of vitamins. She then begins to sell the vitamins but several
customers, who have high blood pressure, get seriously ill from taking them. The customers sue
Dany for damages on December 20th. On December 21st, Dany contacts Jon and informs him that
she has changed her mind and no longer wants the vitamins and wants her money back because
the goods did not arrive on time.
Please discuss and analyze all relevant legal issues raised by this hypothetical scenario.
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