The Plaintiff,Donald Laird (Laird)has a Bachelor of Science Degree in Animal

question 15

Essay

The plaintiff,Donald Laird (Laird)has a bachelor of science degree in animal science from the University of Nebraska,had previously been employed at the university's swine research center,had managed a feed mill in North Platte,had been employed as a herdsman for Hog Breeders,Incorporated,had worked for five years for Armour & Company at its feeder pig operations,and was a branch manager of the Scribner Co-op,Inc.(Co-op)for 14 years,until February 1986.Laird's assistant manager while at the Co-op was Gary Ruwe.When Laird quit the Co-op,Ruwe became the manager.In March 1986,Laird went to Co-op to purchase some feed ingredients for his hogs.In speaking with Ruwe,Laird learned that the Co-op grain bin was not operating properly and therefore the corn was not drying properly.If the corn does not dry properly,it can collect mold and insects.Laird said he would take 1300 bushels of corn if Ruwe could pull the corn out of the middle of the grain bin.The corn was delivered to Laird where he noticed some damaged corn and an odor that indicated that the corn may have mold.Laird did not reject the shipment,however.Laird then began to feed the corn to his hogs.The boars began to develop pneumonia,began vomiting,and would not eat regularly.When it was time for the sows to farrow,the sows had an abnormally high number of miscarriages and stillborns.The ultimate conclusion was that the corn delivered was tainted with vomitoxins,a toxic substance that made the corn unmarketable as feed.Laird sued the Co-op for breach of the implied warranties of fitness for a particular purpose and merchantability.In order to recover under the warranty of fitness for a particular purpose what does Laird have to prove? What is the implied warranty of merchantability? Does Laird have a successful claim with this warranty?

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Definitions:

Capitalism

An economic system characterized by private ownership of the means of production and their operation for profit.