Hamilton v Papakura District Council - [2000] 1 NZLR 265

Contract — Sale of goods — Statutory implied warrant — Whether purpose for which water purchased must have been communicated to seller — Whether purpose can be made known by implication to seller — Whether reliance can be inferred from circumstances of contract — Sale of Goods Act 1908, s 16(a).

Tort — Negligence — Standard of care — Water supplied by local authority to consumers — Water met public health standard — Higher standard required by some consumers — Standard required to be met.

Tort — Negligence — Foreseeability — Whether the level of foreseeability is different in nuisance from negligence.

Tort — Nuisance — Rylands v Fletcher — Water supplied by local authority — Local authority action possibly contaminated water — Whether foreseeability an element necessary to establish liability both under nuisance and under rule in Rylands v Fletcher — Whether level of foreseeability is different in nuisance from negligence.