Nancy Narcissa decided she needed to improve her picture appearing in her Facebook account. She felt the
Question:
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 (injection of a drug for the purpose of reducing facial wrinkles). She attended the clinic of Dr. Syringe Needle for some injections. Dr. 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 and he gave her an instruction booklet to follow to administer the injections. Nancy took the botox home and injected it into herself. The injections did not work and Nancy suffered a serious and painful infection 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. 2. What is the two main legal issues that Nancy will present against Dr. Needle? What defences would Dr. Needle argue on each issue? 3. Who will win and why?