Quasi-contract Correct Answer: A water utility discovers that there is water being consumed at an
address that has no account and no record of a meter. The last record of an account at the address was
10 years ago. There is currently a person living at the address using the water. The water utility sues the
current owner and wins.
Courts create ____to avoid the unjust enrichment of a party in a dispute over payment for a good or
service. In this scenario, the water utility would suffer a loss that they could not recover. By using the
water, the current owner is technically in a contract with the water utility. Correct Answer: quasi-
contracts
An individual looks at several cell phones at a cellular kiosk. The individual chooses one and tests it.
While doing so, the individual finds the camera has 7-megapixel capacity. The individual purchases the
phone that was tested.
Once home, the individual finds that the cell phone is the identical make and model of the one that was
tested, but it has only 4.5-megapixel capacity.
Is the buyer likely to win a suit for breach of warranty? Correct Answer: Yes, because the sample model
constitutes that the actual goods bought will be as good as the sample
express warranty Correct Answer: Greg purchases a dishwasher from a store in the mall. The seller
states at the time of the purchase that the dishwasher is "whisper quiet." After installation, Greg
discovers that the dishwasher is actually very loud when running.
Which type of warranty is available to Greg?
The salesperson represented that the dishwasher was "whisper quiet" when it is not. Correct Answer:
express warranty
The customer expected the same exact phone as the sample model Correct Answer: the buyer likely to
win a suit for breach of warranty
Implied warranty of merchantability Correct Answer: Janet purchases a donut from a local bakery. In
the first bite, Janet breaks a tooth because a piece of metal is in the donut. Janet has to see a dentist to
fix her broken tooth.
Which warranty was breached?
Donuts are not expected to come with metal parts inside. The donut is technically defective because
Janet cannot use it for its intended purpose without sustaining injury. Correct Answer: Implied warranty
of merchantability
A flower shop owner has a home garage sale. Emory purchases a radio at the sale and is told the radio is
five years old; nothing is said about its quality. Once home, Emory finds the radio is unusable. Emory
tries to obtain a refund, but the seller refuses.
Will Emory win in a breach of warranty claim? Correct Answer: No, because the owner was not a
merchant with respect to radio goods and there was no express warranty