How Much Is That Doggie?

Linda Budd went searching for a new friend . . . and she found one for $400.1 A brand new puppy. She purchased the puppy from Bernadette Vicidomine, a person who regularly sells puppies. Budd took her new friend home but realized that he was not in the best of health. Already attached to him, she did not return the puppy to Vicidomine, but instead took him to the veterinarian. Nearly $2,400 later, the puppy was medically mended. Budd then sued for the $400 purchase price and nearly $2,400 in vet bills, alleging breach of the implied warranty of merchantability. The questions raised with this simple, initially tragic but ultimately happy, tale are:

1. Is this a transaction under UCC Article 2?

2. Is Vicidomine a merchant?

3. If so, does an implied warranty of merchantability attach to this sale?

4. What damages are available if this is a breach of the implied warranty of merchantability?

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