COMMERCIAL LAW(UCC, ARTICLE 2) ESSAY

Professor SUErecently moved to BOSTON As part of her celebration, she hosted a facultydinnerontheeveningofJune30,1993.Everyoneknowstheprofessorlacked therequisite domestic skills, but many of the other professors attended nevertheless.Query:How did the evening turn out?You decide.

On the morning of June 25, 1993, Professor Sue felt exhausted and by noontime was unableto cook,so shecalled the Mercy Hospital foran appointment.Theresident in theemergency room ordered a blood transfusion.The professor felt better almost immediately and was able to resume her cookingduties by 6 p.m. that evening.

On the morning of June 26, 1993, Professor Sue decided to wallpaper her dining room priorto the party.She visited the wallpaper store, Paper, Paste& Pray,Inc.and inquired abouttheir wallpaper.The salesman, LC. Sucker, told the professor the finest wallpaper in the store was Expenso-Paper, a vinylwallpaper selling at $45.00 a roll.WhentheprofessortoldI.C. shehad never wallpapered before, I.C.assured the professor "it goes upeasily, can be put upwith any paste anddriesimmediately."Hesaid it "would lookwonderful"and,moreover, thatExpense-Paper "was used by Farrah Fawcett in her dining room."I-le showed her a sample book, and she picked out a pattern sheliked, and ordered 8 rolls.

Whenthepaperarrived,itprovedtobeverystiffandhardtoworkwith.Manysheetstore, bubbledorfelldown.Intheend,after15hoursofwork,theroomlookedhorrible.Totopitoff,the professor called Farrah and was told she lived exclusively in hotels.

Onthemorningofthe27th,theprofessorwenttoLegalSeafoodsandpurchasedsomefish chowdertoserve ProfessorCoyneatthe party.Additionally, the professor purchased a bottle of mineral waterand was injured when itexplodedin herhand priorto purchase.

Thateveningon her way homefrom thehospital, the professor wasdriving through Andoverwhenamooseran infrontofhecar.Sheswervedtoavoid itand ran intoatree.(Theprofessor is ananimal rightsadvocate.)Shesustained injuries from hersudden contactwith theinsideof her driver's door, where she smashed upagainst sharp points in the door handle.

Bandaged and on crutches, the professor decided she could not resumecooking and decidedtoorder50lobstersfromMaineSeafoods"F.O.B.Portland."OnJune27,MaineSeafoodsloaded

the lobsters on board an airplane in Portland from where they were flown to Boston then to LawrenceMunicipalAirport.MaineSeafoodsfailedtonotifySullivanofthedateofflight untiltwo

(2) days later, when she called to inquire.After a few phone calls, the lobsters were located in Lawrencewheretheyhad beensittingforaday.Sue picked them upandfound 20dying(15 due to bad handling by MaineSeafoods before they were handed over totheairlineand 5dueto damage in transit).The other thirty were fine.

Suehadordered thewinefromDannyCatereragreeingtopay$1,000forit,thewinetobedeliveredthedayoftheparty.DannyCaterershadorderedthewinefromCaliforniaGrapeyardsin California, "F.O.B.San Francisco for$750, but California Grapeyards went bankrupt on June25, 1993.Danny found wine in Lawrence for $750, and bought it.On June 25, 1993, the price of similarwine inSan Francisco was$900.Thecostoftransporting thewinefrom San Franciscoto the siteof the party wouldhave been $I00.

The party itself seemed pretty successful, at least in the early hours.However, when Professor Beefermanchokedonafishbonewhileeatinghissoup,thingstookaturnfortheworse.

Sue rushed Professor Beeferman tothe hospital.While waiting,the E.R. nurse told Sue shelooked awfully paleand recommended a bloodtest.Itwassubsequently discovered Sue contacted AIDS from hertransfusion on the morning ofJune 25th.

Question2

Recommendedtime:30minutes

Mr.K,anelephant buyer,obtained anelephantfrom Mr.M,anelephantsellerpursuant to whatheclaimswasanoralleasewithanoptiontopurchase.Mr.Mclaimstheoralagreementwas merelyforleaseoftheanimalandthetermsthereofwereembodiedinatelegramsentbyMr.Kand there was no mention ofany option to buy.

Mr. K claims and offers testimony to prove that on or about May 8 or9, 1993, he had a phoneconversationwithMr.Mwhereinheexercisedtheoption tobuytheelephantfor$5,000withthe lease money already paid toapply on the purchase price.

ThecontentsofanenvelopemailedbyMr.KtoMr.MMay11,1993arereflectedbelow.Itisadmittedthatacheck intheamountof$600.00wasenclosed.Mr.Mclaimsthatitwasenclosed inafolded blanksheetofpaper.Mr.Kofferedtestimonytotheeffectthatthecheckwasenclosed with a letter in words and figures as follows: