4.

Dairy Co. sells raw cream directly to the public. Maxwell gets sick after consuming some

of Fairy Co.'s raw cream. Maxwell sues Dairy Co. and argues that the raw cream is a

"good" under the definition in Division 2 of the Commercial Code (UCC) and, therefore,

the provisions of Division 2 apply to the contract. Dairy Co. argues that the raw cream

is not a "good" and, therefore, the common law of contracts applies. Which provisions

do you think Maxwell is applying in this case? Who wins, and why?