Nancy Narcissa decided she needed to improve her picture appearing in her Facebook account. She felt the picture showed too many wrinkles, and so she decided to purchase Botox treatments. She attended the clinic of Dr. Syringa Needle for some injections. Needle gave Nancy some injections of Botox at her clinic, and she also sold Nancy a box of Botox product and a syringe for her to administer on herself at home. Nancy took the Botox home and injected it into herself. All the Botox Nancy received from Needle was contaminated. Nancy suffered a serious and painful infection from the various injections.

Nancy decided to sue Needle for damages. Needle defended her claim, in part, by relying on a clause on the box of Botox which stated: "Buyer acknowledges that there are no implied conditions or warranties, statutory or otherwise, relating to the sale of this product."

1. What is the legal issue? (2 marks)
2. What is the legal test that applies to the legal issue you have identified. (1 marks)
3. Make an argument for the Plaintiff (1 mark)
4. Make an argument for the Defendant (1 mark)