Brian Humphries, a resident of Wayne, NJ, had electricityprovided to his home by PSE&G. Mr. Humphries had always paidhis bill on time. After purchasing a large flat screen highdefinition TV for $3000, and other major appliances for his den, asurge of electricity into his home prior to a loss of power onJanuary 30, 2005, caused major damage to the TV and appliances.After several years of arguing and negotiating with PSE&G, theyrefused to compensate Mr. Humphries for the damage. On February 2,2009, Mr. Humphries filed suit against PSE&G for $6000 inPassaic County Superior Court. The plaintiff asserts that thedefendant breached their service contract by allowing a majorelectrical surge, causing damage to his property totaling $6000.The defendant counters by making a motion to dismiss, arguing thatthe contract was a contract for the sale of goods, and, as such,according to the defendant, the UCC applies, the statute oflimitations has passed, and the case should be dismissed.
What is the exact issue? How should the case be decided? Citeany cases or legal theories discussed in class to support youranswer.
Brian Humphries, a resident of Wayne, NJ, had electricityprovided to his home by PSE&G. Mr. Humphries had always paidhis bill on time. After purchasing a large flat screen highdefinition TV for $3000, and other major appliances for his den, asurge of electricity into his home prior to a loss of power onJanuary 30, 2005, caused major damage to the TV and appliances.After several years of arguing and negotiating with PSE&G, theyrefused to compensate Mr. Humphries for the damage. On February 2,2009, Mr. Humphries filed suit against PSE&G for $6000 inPassaic County Superior Court. The plaintiff asserts that thedefendant breached their service contract by allowing a majorelectrical surge, causing damage to his property totaling $6000.The defendant counters by making a motion to dismiss, arguing thatthe contract was a contract for the sale of goods, and, as such,according to the defendant, the UCC applies, the statute oflimitations has passed, and the case should be dismissed.
What is the exact issue? How should the case be decided? Citeany cases or legal theories discussed in class to support youranswer.
