Linda Budd went searching for a new friend and she found one for ($400.1) A brand
Question:
Linda Budd went searching for a new friend … and she found one for \($400.1\) A brand new puppy. She purchased the puppy from Bernadette Vicidomine, a person who regularly sells puppies. Budd took her new friend home but realized that he was not in the best of health. Already attached to him, she did not return the puppy to Vicidomine, but instead took him to the veterinarian. Nearly \($2,400\) later, the puppy was medically mended. Budd then sued for the \($400\) purchase price and nearly \($2,400\) in vet bills, alleging breach of the implied warranty of merchantability. The questions raised with this simple, initially tragic but ultimately happy, tale are:
1. Is this a transaction under UCC Article 2?
2. Is Vicidomine a merchant?
3. If so, does an implied warranty of merchantability attach to this sale?
4. What damages are available if this is a breach of the implied warranty of merchantability?
Step by Step Answer:
Dynamic Business Law
ISBN: 9781260733976
6th Edition
Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs