Question
The plaintiff, Betty Epstein, visited a beauty parlor to get her hair dyed. In the dying process, the beautician used a prebleach solution manufactured by
The plaintiff, Betty Epstein, visited a beauty parlor to get her hair dyed. In the dying process, the beautician used a prebleach solution manufactured by Clairol, Inc., and then a commercial dye manufactured by Sales Affiliate, Inc. The treatment went awry, and the plaintiff suffered severe hair loss, injuries to both hair and scalp, and some disfigurement. She sued the beauty salon, Clairol, and Sales Affiliate under Article 2 of the UCC. The defendants claimed that the contract was predominantly for services rather than for the sale of a good. How would you construct arguments supporting each side? What difference does it make whether the beauty treatment is a good or a service? [Epstein v. Giannattasio,197 A.2d 342 (1963).]
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