Al was a farmer who grew cash crop vegetables on a large-scale commercial basis. He purchased seeds from his usual supplier for a certain type of cabbage that his brother, also a farmer, had recommended. Al's brother had had particular success growing these cabbages, which matured later in the season than most varieties.
It became apparent to Al partway through the growing season that the cabbages were not doing well. Very few of the plants were maturing and the crop would probably produce less than 60% saleable cabbages. The summer had been quite cool and rainy, and Al suspected that this may have played a part in the cabbages' performance. Al also suspected that his supplier might have sent him the wrong seeds.
The sales contract that accompanied Al's order contained an exemption clause which permitted the supplier to substitute seed products without notice depending on availability. It also required the buyer to make full payment of the contract price in the event of such substitution. The clause also stated that the supplier would not be liable for any loss or damage experienced by a purchaser, however caused, and that a purchaser may not escape the obligation to make payment for seeds purchased on the basis that he experienced loss or damage. Al referred to the supplier's seed catalogue and found the description of the cabbages. The brochure stated that the cabbages were a hearty variety that could withstand extremes of temperature and moisture making them ideal for late planting to mature in the late autumn. The catalogue further stated that this particular cabbage had a higher than average crop recovery rate among cabbage varieties, although results could vary depending on soil composition. Apparently, this variety performed less well in acidic soil. Al contacted his seed supplier and told it about the failure of his cabbage crop. He asked to confirm the variety of seeds that had been supplied and was told that he had, in fact, been shipped the correct seeds. Al, convinced that he had been supplied defective seeds, decided to initiate legal proceedings against the seed supplier. Identify and discuss the legal issues that will be raised by the parties and render a decision.

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The Answer of Al was a farmer who grew cash crop vegetables on a large-scale commercial basis. He purchased seeds from his usual supplier for a certain type of cabbage that his brother, also a farmer, had recommended. Al's brother had had particular success growing these cabbages, which matured later in the season than most varieties.
It became apparent to Al partway through the growing season that the cabbages were not doing well. Very few of the plants were maturing and the crop would probably produce less than 60% saleable cabbages. The summer had been quite cool and rainy, and Al suspected that this may have played a part in the cabbages' performance. Al also suspected that his supplier might have sent him the wrong seeds.
The sales contract that accompanied Al's order contained an exemption clause which permitted the supplier to substitute seed products without notice depending on availability. It also required the buyer to make full payment of the contract price in the event of such substitution. The clause also stated that the supplier would not be liable for any loss or damage experienced by a purchaser, however caused, and that a purchaser may not escape the obligation to make payment for seeds purchased on the basis that he experienced loss or damage. Al referred to the supplier's seed catalogue and found the description of the cabbages. The brochure stated that the cabbages were a hearty variety that could withstand extremes of temperature and moisture making them ideal for late planting to mature in the late autumn. The catalogue further stated that this particular cabbage had a higher than average crop recovery rate among cabbage varieties, although results could vary depending on soil composition. Apparently, this variety performed less well in acidic soil. Al contacted his seed supplier and told it about the failure of his cabbage crop. He asked to confirm the variety of seeds that had been supplied and was told that he had, in fact, been shipped the correct seeds. Al, convinced that he had been supplied defective seeds, decided to initiate legal proceedings against the seed supplier. Identify and discuss the legal issues that will be raised by the parties and render a decision.

Al Was a Farmer Who Grew Cash Crop Vegetables on a Large-Scale