Question

Section 3 Case Analysis Answer the following: (50 points total) Facts Farmer Roma has a large tomato farm on Maryland’s Eastern Shore. To meet the water requirements of his carefully cultivated crop, Farmer Roma regularly his tomatoes. Prior to the growing season, Farmer Roma Madoff, sales representative for Peerless needed pumps that would pump enough water to of tomatoes. Manny told Farmer Roma that Peerless Pumps’ 101 pump would pump all the water you need.” Mode Pump’s which Farmer Roma signed a purchase order on Peerless T-800 Model 101 pump, $7,000.” The T-800 Model 101 pump delivered to the following week. It came with a manual that stated that its pumping capacity was 25,000 gallons per minute. manual also stated, in bold capital letters: “There are no warranties that extend beyond the pumping capacity specifications described herein. Farmer Roma properly installed the T-800 Model 101 pump just before the growing season and planted his 2,500 acres of tomatoes, which required 20,000 gallons per minute of water to grow properly. Farmer Roma planned to use the remaining 5,000 gallons per minute of water to supply water to his exotic rain forest habitat that he kept as a hobby. In addition to various plants, the habitat served as home to one dozen strawberry poison dartfrogs, a pair of sloths, and a chestnut mandibled toucan med “Herb”, as well as other exotic creatures. During the height of the growing season, the T-800 Model 101 pump malfunctioned and pumped only 15,000 gallons per minute ofwater. As a result, the tomato crop was stunted, and Farmer Roma sold it for $10,000 less than he expected. For$1,000, Farmer Roma could have installed a temporary pump that would have pumped an additional 2,500 gallons per minute of water, which would have caused him to suffer crop losses of only $5,000. The T-800 Model 101 pump malfunction also resulted in low water levels in Farmer Roma’s exotic rain forest, which caused the tragic total loss ofthe strawberry poison dart frogs, valued at $3,000. Herb survived Applying only Article 2 of the Uniform Commercial Code: Discuss the claims that Farmer Roma may raise against Peerless Pumps, and any defenses Peerless Pumps may raise. (50%) 2. Assuming that Farmer Roma prevails in his suit against Peerless Pumps, discuss the damages he will be able to recover. (50%) Page 6 of 6

 



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