Ivy League University's law school is moving into a new building this summer,

and it decided to get rid of some of its old furniture in connection with the move. Mr.

Hart, for sentimental reasons, purchased a glass-top wooden coffee table that had

previously been housed for many years in the office of his beloved Contracts professor,

Kingsfield. Regrettably, the glass top on the table contained invisible hairline stress

points, and the first time Mr. Hart placed a mug of hot coffee on the table, the glass

explosively shattered. Mr. Hart suffered both first-degree burns from the splattering

coffee and serious cuts and bleeding from the shards of glass. He now wants to sue

Ivy League University for breach of the implied warranty of merchantability in its

sale to him of the coffee table.

(a) Is Ivy League University a "merchant"? Consult UCC 2-104(1) and its Official Comment 2. Be prepared to argue both sides. (b) Assume instead that Ivy League University is actually "Ivy League Consignment," a merchant that regularly sells used furniture, including (the coffee table it acquired from the law school). Did Ivy League Consignment breach the implied warranty of merchantability as to the coffee table it sold to Mr. Hart? Consult UCC 2-314 and its Official Comments 3 and 4. Be prepared to argue both sides.