Dr. Cook is a licensed dentist who devotes less than 50 percent of his practice to the

Question:

Dr. Cook is a licensed dentist who devotes less than 50 percent of his practice to the work of fitting and making dentures. Mrs. Downing is a patient of Dr. Cook who was fitted for dentures. Mrs. Downing filed suit against Dr. Cook after she took delivery of her dentures because she said they were ill fitting and produced sore spots in her mouth. Dr. Cook’s expert witness testified that Mrs. Downing’s problems were probably due to candidiasis, an autoimmune reaction, or an allergy to the dental material. No expert testified that her problems were due to ill-fitting dentures.

The trial court awarded damages to Mrs. Downing on the basis of a breach of UCC Article 2, implied warranty of fitness for a particular purpose. Dr. Cook appealed, maintaining that the dentures were not a sale of goods. Explain who is correct about UCC versus common law. [Cook v Downing, 891 P.2d 611 (Ok. Ct. App. 1995)]

Fantastic news! We've Found the answer you've been seeking!

Step by Step Answer:

Related Book For  book-img-for-question
Question Posted: