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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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