Hamilton v Papakura District Council - [2002] 3 NZLR 308

Contract — Sale of goods — Statutory implied warranty as to fitness — Whether purpose for which water purchased can be implied when seller sells one product only to all its customers — Whether acceptance of responsibility by seller can be inferred — Sale of Goods Act 1908, s 16(a).

Tort — Negligence — Whether damage foreseeable.

Tort — Nuisance — Rylands v Fletcher — Whether test of foreseeability different in nuisance from negligence.