Reference no: EM132681105

Please respond to all three scenarios presented below:

(1) Arlene was admitted to the hospital for treatment of urinary incontinence. Dr. Smith, Arlene's surgeon, implanted a special type of sling in Arlene. The sling was subsequently recalled by Reynolds Pharmaceutical, Inc., the manufacturer, because of medical complications that it was causing in some patients. Arlene had hers surgically removed. She later sued the manufacturer of the sling and the hospital, claiming they breached the implied warranty of merchantability under Article 2 of the UCC. The hospital filed a motion to dismiss, arguing that it was not subject to the UCC.

Do you think the hospital might be able to prevail on its motion to dismiss? Why or why not? Which argument is the hospital likely to make in support of its dismissal motion?

(2) Griffin purchased a lot of used leaf blowers at an auction several years ago. Although he uses a couple of the units, most of them sit in his garage and, eventually, he decides to sell them at a yard sale to Cyrus for a sum of $575, which is evidenced by a written bill of sale. Griffin represents that he has used most of the units (there are 10 of them) and they are in fine running condition. When Cyrus attempts to use them, he is only able to get two of them started and six of them have substantial internal defects which make them inoperable absent significant, expensive repairs.

Has there been some type of violation on Griffin's part under the UCC? Please explain. What recourse does Cyrus have, if any?

(3) Gordon is in the business of selling widgets, a necessary component in countless mechanical applications. Roussell Corp. enters into a sales contract with Gordon for the purchase of 400 three-and-a-half-inch titanium widgets. Gordon has 5,000 3.5-inch titanium widgets in stock and he asks James, one of his associates, to parcel out 400 widgets to be shipped to Roussell Corp. This is an example of what?