Because she and her partner were unable to conceive a child naturally, Miranda Lopez visited Dr Omar

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Because she and her partner were unable to conceive a child naturally, Miranda Lopez visited Dr Omar Korn, a fertility expert. He suggested artificial insemination using semen collected from a donor. She agreed, and three weeks later, after Dr Korn had obtained semen from an anonymous donor, Mrs Lopez underwent an artificial insemination procedure. In exchange, she paid $1500. The procedure was unfortunately a failure. First, Mrs Lopez did not become pregnant. She does not, however, wish to sue Dr Korn on that basis. As he had explained to her at the outset, there was a chance that the semen would fail to fertilize an egg. Second, Mrs Lopez contracted HIV. The evidence indicates the man who donated the semen carried the virus, which was passed on to Mrs Lopez as a result of the procedure. Mrs Lopez wants to sue Dr Korn under the Sale of Goods Act because the semen that he provided was unmerchantable and unfit for its intended purpose. Did the parties enter into a contract for the sale of goods? Explain your answer.

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Related Book For  answer-question

Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0133847154

5th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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