Discussion – Law : Solution Essays

 

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Brenda Brandt was admitted to Sarah Bush Lincoln Health Center (Health Center) to receive treatment for urinary incontinence.  During the course of an operation the doctor surgically implanted a ProtGlen Sling (sling) in Brandy.  Subsequently, the manufacturer of the sling, Boston Scientific Corporation, issued a recall of the sling because it was causing medical complications in some patients.  Brandt suffered serious complications and had the sling surgically removed.

Brandt sued Boston Scientific Corporation and Health Center for breach of the implied warranty of merchantability included in Article 2 (Sales) of the Uniform Commercial Code (UCC).  Health Center filed a motion with the curt o have the case against it dismissed.  Health Center argued that it was a provider of services and not a merchant that sold goods, and because the UCC (Sales) applies to the sale of goods, Health Center was not subject to the UCC.  Health Center proved that Brandt’s bill was $11,174.50 total charge for her surgery , with a charge of $1,659.50 or 14% for the sling and its surgical kit.

Is the transaction between Brandt and Health Center, predominantly the provision of services or the sale of goods?  Please explain.

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