2. Over the last six months, John has lost fifty pounds. He is about ten pounds shy of his 200 Ibs. goal weight. He has been told that the last ten pounds are the hardest to lose, but John persists. In an effort to reach his goal weight, John joins the "Ucan-Do-It" gym (UCAN) in Manhattan When he enrolled, he was advised to use the "Exorciser" Model XYZ, the latest model of a treadmill, manufactured by the MeltAway Corp.(MAC), which Ucan bought five months ago from Bodywill Distributors. Ugan regularly purchases equipment made by MeltAway Corp. (MAC). John is exercising vigorously on the Exorcise when a belt snaps on the treadmill, which causes the treadmill to stop abruptly. John is thrown from the Exorcisor and he suffers severe injuries. As a result of the fall, John breaks his pelvis and fractures his right elbow and right wrist. John is right-handed and this fracture impedes his ability to write, dress and drive the car. He is still hospitalized and will require extensive physical therapy after he is discharged from the hospital, He is told by his doctor that it is presently unclear whether he will make a complete recovery. Because of this unfortunate turn of events, John has become quite moody and depressed. John retains Jane, a well-known attorney with twenty years' experience as a litigator. She discovers the following: (1) MAC, the manufacturer of the new model treadmill, decided to use a lower grade plastic instead of the heavy-duty grade plastic band it usually uses in order to save $3.00 per treadmill (2) MAC issued a completely revised new user's manual which was taped to the console of the treadmill. The new user's manual contained multiple warnings, in bold print and in red ink, which warned that users not exceed the maximum speed beyond 20 minutes of use. John was exercising on the treadmill for 40 minutes at the maximum speed when he was thrown from the treadmill (3) Clement, an employee at UCAN, who unpacked and assembled the treadmill, discarded the users' manual without showing it to the UCAN supervisor (4) Per MAC directions, UCAN was to have the treadmill serviced, as part of its regular maintenance, after four months from the date of purchase. UCAN decided to save on service fees and did not have the treadmill serviced in accordance with the MAC instructions. (5) John also tells you that when he applied for membership at UCAN, Lisa, the sales rep at the gym, told John that he could easily drop ten to fifteen pounds in six weeks if he adhered to a four-times a week exercise regimen. John insists that Lisa never fully explained the exercise protocols, Lisa, however, denies John's claims and says that she spent at least one hour explaining these protocols, and in fact, she gave him detailed written instructions. Detail and explain all of the various potential claims by John included in the facts (not just 1-5 above). What defenses can be made by UCAN? By MAC