« on: May 06, 2012, 01:30:53 PM »
Would you apply the UCC or the Restatement to the following scenario:
"Blaine, the owner of a tract of vacant land in a newly designated attraction site, contracted with Danaya, a reputable contractor, to design and build a triple-decker Mardi Gras float that would serve as a year-round tourist attraction...[cost to design and build $2 M ]....Because of the design of the float and the creative fixtures increasing its weight load, the plans called for the foundation's base to be about 20 feet deep. Halfway through the excavation, she realized that an underground water flow went through the soil at one corner....."
Would I apply the UCC or the Restatement to this and why?
Thanks in advance!!!