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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

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 (of the UCC, or other laws) do you think Maxwell is applying in

this case? Who wins, and why?

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