What Was the Result in the "Case Opener" in Which

question 48

Multiple Choice

What was the result in the "Case Opener" in which a purchaser of a puppy from a person who regularly sold puppies sued the seller for veterinarian bills after the puppy was found to be in poor health?

• A) The court found that the puppy was not a good covered under the UCC, and the plaintiff was denied recovery.
• B) The court refused any recovery to the plaintiff on the basis that the seller was not considered a merchant under the UCC and that no implied warranties were made.
• C) The buyer in essence had no remedy because the court ruled that the plaintiff's only remedy, which the plaintiff was unwilling to do, was return of the puppy for a refund.
• D) The court allowed the buyer to recover the contract price only, not veterinarian bills.
• E) The court awarded the plaintiff the veterinary bills finding that the UCC applied and that the seller breached the warranty of merchantability.

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