UCC ARTICLE ESSAY QUESTION

Larry has been doing business asamill operator in Clinton, Massachusetts,since 1980.In 2008, in orderto meet competition, Larry decided toconvert hispower equipmenttohydraulicequipment.Hepurchased ahydraulicsystem inMay2008froma competitor whowas installing anewsystem.The usedsystem wasingood operating condition atthetimeLarry purchasedit.It wasstored athisplant until November 2009, whilea new mill building was being built, atwhich timeitwasinstalled.Following the installation, Larry requested fromFrank Capano, alocal Mobil Oildealer, theproper hydraulic fluid tooperate his machinery.Theprior owner ofthehydraulic system had usedpaceoilsupplied byCitiservice, butLarryhad been aMobil customer formany years and desired tostay with Mobil.Capanosaid hedidn't know what the proper lubricant forLarry's machinery was, butwould find out.Theonly information given to Capano byLarry wasthatthe machinery wasoperated by agear-type pump;Capano did notrequest anyfurther information. Heapparently contacted aMobil representativefor a recommendation though this isn't entirely clear, and sold Larry aproduct known as

Brex810,astraightmineraloilwithnochemicaladditives.

Within a fewdaysafter operation ofthenewequipment commenced, Larry began experiencing difficultywithitsoperation.Theoilchanged color,foamedover,gothot. The oilwaschanged a number oftimes with noimprovement.In early 2010, four

monthsafteroperation withthenewequipment began,thesystembrokedownanda complete new system was installed.

Larryfilessuit.Discussallissuespresented.