Fisherman makes high-end surgical instruments for use by medical professionals. Not long after the company opened, it contracted with a medical supply dealer, Trianim, to sell its instruments to doctors. The contract did not include quantity but did state that Trianim would buy from Fisherman based on “mutually agreed upon sales goals.” The parties also agreed that Trianim would not sell products that competed with Fisherman’s instruments. Shortly after Trianim began selling the products, surgeons complained that the quality of Fisherman’s instruments was substandard. Trianim then began selling a competitor’s products. It also canceled the contract with Fisherman, saying it was void under the UCC because the agreement did not specify the quantity of goods.

CASE QUESTIONS

1. Who prevails and why?

2. Is this a requirements contract or output contract?

3. If Tri-anim did not cancel the contract but instead bought nothing and sold nothing, would Fisherman have any cause of action against Tri-anim? If so, what would be the appropriate remedy?