Does the U.C.C. apply to this transaction?

Richard Clark is the property manager for the Tower Building located in Aspen, Colorado. He receives a telephone call from one of the tenants, Brooks, Dunnston, and Tenison. Th ey need their offi ces repainted and request Clark to paint their offi ces. Clark reminds them that if the building paints the offi ces, there is a set color—egg shell white—which is the standard paint color for the building. One of the partners, Hailey Brooks states that they want to paint their offi ces diff erent colors. Clark tells Brooks that it is fi ne, but they will have to pay for the paint. Brooks agrees. Th e fi rm hires a decorator to coordinate the renovation of the offi ces. Th e designer, Mr. Th omas has chosen silver cloud for Ms. Brooks’ offi ce, light sea foam green for Mr. Dunnston’s offi ce and taupe illusion for Ms. Tenison’s offi ce. All these colors are specially mixed. For the remaining associates’ offi ces, Mr. Th omas chooses pearled beige. Answer the following questions based upon the fact pattern. a. Mr. Th omas goes to Painter’s World to buy the paint. Painter’s World mixes all the paint colors, except they do not have the mixture to make the “light sea foam green.” Th e sales person does not tell Mr. Th omas and mixes a color that is similar. When Mr. Th omas sees the color on the wall, he is appalled. What remedies does Mr. Th omas have against Painter’s World? b. All the colors have been properly mixes by Painter’s World. To save money, the building off ers to paint the offi ces at no charge since they would have had to paint the offi ces as part of the lease agreement. Mr. Clark hires Design Paint Company to perform the work. When Mr. Th omas checks the work, he faints. Th e offi ce colors were mixed up. Ms. Brooks’ offi ce is sea foam green, Mr. Dunnston’s offi ce is taupe illusion, and Ms. Tenison’s offi ce is silver cloud. Does Mr. Th omas have a remedy against Painter’s World? Th e building management company? Does the U.C.C. apply to this transaction? Explain your responses.

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