Your firm has a client, Ken, who purchased an Arabian stallion from Ellie Arabians.
His intent was to use the stallion to enhance his breeding program, but in the first year that he used the stallion, only one of the mares “settled” (got pregnant) and in the second only two of ten mares settled. Ken had the stallion’s sperm analyzed and discovered that it has an abnormally low sperm count. In essence, the stallion is not fit for breeding purposes. Ken wants to sue Ellie Arabians and recover his losses.
1. What theories of recovery do you think should be used, and why?
What research will need to be done to answer this question?
2. What kind of defect do you think should be alleged?
3. What defenses do you anticipate Ellie Arabians will raise?