Review the following Relvant Law (Uniform Commercial Code section) and read the list of facts that follows.

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Question:

Review the following Relvant Law (Uniform Commercial Code section) and read the list of facts that follows. Make a list of the legally significant facts based on the statute. Next to each fact, list the relevant portion of the statute. A model answer will be available immediately after you submit the completed assignment so that you can check your work.

Relevant Law

2-315 Implied Warranty of Fitness for a Particular Purpose

Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods be fit for such purpose.

Facts

Your client is Sue A. Buyer. She lives at 3225 Wilmette Avenue, Sylvania, Ohio. The defendants are Lee R. Merchant, owner of Mowers R Us, in Toledo, Ohio, and Manny U. Facture, the owner of a manufacturing concern that is not incorporated called Mowers, of Rossford, Ohio. Ms. Buyer went to the defendant's store, Mowers R Us, to purchase a lawn mower for her new home. She was a first-time homeowner and was unfamiliar with lawn mowers. She had never operated a lawn mower because her brothers had always mowed the lawn when she was a child.

When she went to Mowers R Us, she asked to speak with the owner. She told Mr. Merchant: "I don't know anything about these mowers, and I need to talk with an expert." Mr. Merchant said, "I'm the owner, and you couldn't find a better expert anywhere in the Northwest Ohio. I have been in the business of selling mowers for more than 40 years. I only sell mowers and the equipment to clean and repair them. Are you familiar with the type of lawn mower you would like?"

"No, I don't know anything about lawn mowers. I just know that I have to have a lawn mower that will mulch my grass clippings, because I cannot bag the clippings. The city of Sylvania does not permit me to bag the clippings, so the clippings must remain on my lawn."

"You're absolutely correct. You must have a mulching mower," Mr. Merchant said. "That type of mower will grind the grass clippings, and you will not notice them on your grass. I have the perfect mower for you. It is a used model that will fit into your price range, only $200. It's a good brand, a Roro, and will mulch the grass as well as any of the new mowers. This one is true blue. You can purchase a separate mulching blade, which will easily attach to it for an additional $50," he added.

"Do you think that I need the mulching blade?" Ms. Buyer asked, "I've never used a lawn mower, so I don't know what to expect, and you appear to be the expert."

"I think that you could do without the mulching blade unless you want the grass ground up very fine."

"I think that I would like it ground up fine. I'll defer to your judgment. If you think a mulching blade is necessary, then I'll buy that with the mower. Do you think that this is the best mower for mulching, or should I go with a new one?"

"Absolutely the used one is best; I told you: it's a true value. It will mulch with the best of them."

"If you think it can do the job, I'll trust your judgment," said Ms. Buyer, "I'll take the mower and the mulching blade. Can you install the mulching blade? I don't know anything about the installation."

"Sure, we can install any blade for another $30."

Ms. Buyer purchased the mower and the blade. She used the mower after Mr. Merchant installed the new mulching blade. It barely cut the grass and certainly didn't mulch the clippings into fine pieces as Mr. Merchant had claimed.

She brought the mower back to Mr. Merchant. He said that he had made no warranties about the mower. He showed her the language on the receipt that said that he did not expressly warrant anything.

Ms. Buyer brought the mower to a Roro dealer. The owners of the Roro dealership, Abe Saul and Lou T. Wright, said that the mower Ms. Buyer had purchased from Mowers R Us was not a mulching mower. It was a mower built before mulching was popular. Therefore, it would not perform the mulching task. It was designed merely to cut the grass. "Any merchant who has been in business even for one year should have known that mowers built before 2000 were not designed for mulching," Mr. Wright said. He showed Ms. Buyer where the manufacturing date appeared on the mower. "Manufactured in August 1999," it said on the plate with the serial number. "Also, mulching blades cannot be placed on these old mowers. Any mower dealer should know that, too," Mr. Wright added. "However, this mower isn't bad. It can cut the grass without mulching it."

Ms. Buyer brought an action against Mr. Merchant and Mr. Facture in the Lucas County Common Pleas Court in Toledo, Ohio.