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Business law 2 UCC sales Hervey received electricity from the Wabash County REMC, the county electrical utility. A mistake in the voltage delivered over the

Business law 2

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UCC sales Hervey received electricity from the Wabash County REMC, the county electrical utility. A mistake in the voltage delivered over the electrical line resulted in damage to Hervey's household appliances; households require only 110 volts, and Wabash delivered 135 volts or more. Some years later, Hervey sued Wabash County for breach of express and implied contractual warranties. Wabash County claimed that under UCC 2-725 a four-year statute of limitations existed and that Hervey had no claim because more than four years had elapsed since the accident. State law provided for a shorter statute of limitations period for sales of goods than for service contracts, however. The statute of limitations for service contracts under state law was 6 years. Hervey claimed that the UCC provision did not apply because electricity is a service and not a good. Discuss whether the UCC should be applied in this case

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