Business Law Marilyn Thomas purchased a pool heater from Sunkissed. The contract read that the pool.

Business LawMarilyn Thomas purchased a pool heater from Sunkissed. The contract read that the pool was to delivered and installed for a price of $1000.00. The pool heater was delivered to Marilyn’s residence, but the delivery slip was signed by Nancy Thompson.  Marilyn did not know of anyone by that name.  She called Sunkissed to advise the company to move the heater indoors.  She was afraid the heater might be damaged or stolen.  The heater remained in her driveway for four days.  When Marilyn noticed that the heater had been removed she again called Sunkissed, but she was told “not to worry.” When Sunkissed showed up to install the heater, they realized that the heater had been stolen. Who was responsible for the loss of the heater?  Fully explain your answer.  Betty Epstein visited a beauty parlor to get her hair dyed.  In the dying process, the beautician used a pre-bleach solution manufactured by Clairol, and then a commercial dye manufactured by Sales Affiliate, Inc.  The treatment went awry, and the plaintiff suffered severe hair loss, injuries to both her hair and scalp and some disfigurement.  She sued the beauty salon, Clairol, and Sales Affiliate under article 2 of the UCC.  The defendants claimed that the contract was predominantly for services rather than for the sale of a good. Do you think the treatment was for services or goods?  What difference does it make whether the beauty treatment was a good or a service under ? Fully explain your answer.  After living in his home for three years, Roger Nathaniel sold this home to Marc Copland.  Nathaniel and Copland hired a pest control company to inspect the home.  Prior to the selling of the home, the pest control company reported  that there was evidence of a previously treated infestation of termites but that no evidence of active infestation was found.  The contract specified that the purchaser had inspected the premises and agreed to purchase it “as is.”  A year later, Copland discovered that levels of chlordane were present on the property.  They also discovered that the home had been treated 10 years earlier for termites.  At that time, chlordane was the chemical used to remove termites.  Despite a toxicologist’s report that the level of chlordane did not constitute a health concern, Copland spent $50,000 removing the contaminated soil from his property.  He brought a lawsuit against Nathaniel for the cost of the soil removal and failing to inform him of the previous damage done by termites.  In whose favor do you think the court will decide?  Why?  Fully explain your answer. 

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Scenario 1

            According to this situation, Sunkissed is responsible for the loss of the pool heater. This stems from the fact that they delivered the heater to the wrong person. They also delayed in executing their part of the contract, as they first delivered the heater then planned to come later to install it. We also see Marilyn calling them after fearing that the heater might be stolen but they just told her not to worry………………


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