Reply example to below:

Hello Class,

In my opinion, and considering the case opener in Chapter 10, I believe that the sale of sperm should be considered the sale of a product. When considering a sale, it is a purchase between a consumer and owner. Sperm banks offer sperm that can be purchased by a customer. Donna Donavan sought out the purchase of sperm and after consideration, choose the decision to go with Idant Laboratories, a New York sperm bank. Idant Laboratories had a high reputation, as the sperm bank emphasized that (1) its screen process far exceeded mandated standards and (2) its rigorous screen process ensured that donors had a good genetic history (Kubasek et al, 2023). This was directly advertised by the sperm bank, in which customers take into consideration when making the decision in where to purchase sperm. I believe Donna has the right to bring suit against Idant Laboratories for selling defective sperm. Like any customer who purchases a faulty product that was advertised otherwise, and in this case caused harm, has the right to consider and purse suit. In the case opener, the genetic test for Fragile X was not tested by Idant Laboratories, as it clearly states it was developed two years before Donna decided to use the sperm from the sperm bank. This clearly shows that Idant Laboratories was negligent by not testing for Fragile X. Idant Laboratories did not follow through with the due diligence of the screening process that they emphasized that they took. In considering this, Donna has the right to hold Idant Laboratories liable for the defective sperm that she received.

References:

Kubasek, N. K., Browne, M. N., Herron, D. J., Dhooge, L. J., & Barkacs, L. L. (2023).Dynamic business law, 6^thedition. McGraw-Hill Connect.