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)]
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The decision was reversed Mrs Downings action was in negligence but not under U...View the full answer
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