COMMERCIAL LAW (UCC. ARTICLE 2) ESSAY

Plaintiff, Jim Leahy was born on November 11, 1940.Plaintiff, Theresa Leahy was born on December I, 1942.Theplaintiffs metinapproximately 1960and were married onSeptember 4, 1967.

Mr. Leahy began smoking as a teenager.From the late l950's until his death in 1995, Mr. Leahy bought and consumed "Winston" cigarettes, which are manufactured and marketed by defendant Reynolds, and "Marlboro" cigarettes, which are manufactured and marketed by defendant Philip Morris.By the mid 1960's, Mr. Leahy was smoking one and a half packs ofcigarettes per day.He smoked his first cigarette as soon as he got up in the morning and would smoke after each meal. Frequently,he wouldsmoke in the middle of the night.

When hefirst began smoking, Mr.Leahy would sometimessmoke unfiltered cigarettes.After 1970, however, he smoked filtered cigarettes.Sometime later, Mr. Leahy began smoking "light cigarettes," primarily Winstonlights.For a brief time, Mr.Leahy smoked a pipe.

Mr.Leahytriedtoquitsmokingmanytimes.Onseveraloccasions,hequit"coldturkey".Healso sought thehelpofa hypnotist.Hetried a nicotine patch.Although hewasabletoquit brieflyon several occasions, healways began smoking again, the lasttime just before hisdeath.

In early 1993, Mr. Leahy was diagnosed with metastatic carcinoma of the hypoglottis with metastasistothelungandlymphnodes.SeveralofMr.Leahy'sdoctorstoldplaintiffsthatcigarette smoking was the likely cause of his cancer.

Inthe midl950's, various cigarette manufacturers,aswell asa number of organizations representing tobacco growers, formedtheTobacco Industry Research Committee, now known astheCouncil for TobaccoResearch(hereinafter"CTR").CTRwascreatedtofinanceresearchonmattersrelatingto tobaccoand health.Overtheyears,officersanddirectorsofdefendantsReynoldsandPhilipMorrishave sat on the board of directors of CTR.

In 1958, members of the tobacco industry including defendants Reynolds and Philip Morris, organized TheTobaccoInstitute("TI").TIwasestablished todisseminate tothepublicfavorable scientificandmedicalinformationaboutsmoking.Overtheyears,officersanddirectorsof

defendantsReynoldandPhilipMorrishavebeenmembersoftheexecutivecommitteeofTI.

Sincethel950's,thedefendants havebeen publiclyquestioning, throughlobbying,advertising,andindustry-funded research, the link between smoking and humandisease.Mr.Leahy wasanavidreader, andread the"BostonGlobe", aswell aspublicationsthat thedefendants dispelledthecharges that cigarette smoking was hazardous to human health.

Whatresult?