I need help with a Business Law question. All explanations and answers will be used to help me learn.
On June 13, 2005, after considerable complaining from Farmer Pete about the height of the foxtail and other weeds in his field, Make It Grow Company’s staff sprayed 149 acres of Farmer Pete’s fields and, three days later, sprayed the remaining 26 acres. Of these total acres, 149 acres were sprayed with a mixture of Accent, another herbicide, and a nonionic surfactant. Twenty-five acres were sprayed with a mixture of Accent and another herbicide. Nine acres were sprayed with herbicides other than Accent. Farmer Pete paid $8,394.60 for the herbicides and separately paid $918 for the spraying services.
The spray was not as effective as promised, and Farmer Pete, who lost substantial portions of his crops, filed suit under UCC Article 2 for breach of express warranty, warranty for a particular purpose, and the warranty of merchantability. Make It Grow Company maintains the contract is not covered under the UCC and that Farmer Pete’s only remedy must be to show that Make It Grow Company was somehow negligent in its work. Who is correct? Is the contract governed by UCC or common law?