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Business & Ethics & Law A-3

Business & Ethics & Law A-3 - Case Problems...

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Case Problems 1 Running head: ASSIGNMENT 3 Case Problems Assignment #3 Shranda Y. Caldwell BUS 340-Ethical and Legal Issues in Business Professor Mestman June 20, 2010
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Case Problems 2 Gall vs. McKeesport Municipal Water Authority Uniform Commercial Code (UCC) is a statutory law in every state that is court-made and ever changing (). Article 2 applies only to the sale of goods and states that goods are tangible, movable, personal property. In reading the UCC for Tennessee Code, there are no known cases that justify that water should be considered as a good. However, there were a few cases from other jurisdictions that held the sale of water, gas, and electricity to customers as a good (but this does not include sewer water). This was agreed upon because those said utilities are moveable and can be measured. This implies that the utility companies may be liable for the quality of the utility under the various warranties that apply to goods. These warranties are implied warranties of fitness for a particular purpose, and implied warranties of merchantability. So, under these pretenses water could be considered as a good and therefore the Gall family surely has a case; which should not be dismissed. Schumacher vs. Schumacher First of all, I do not agree that the Mr. and Mrs. Schumacher (the parents) should have been able to move on the basis of the summary judgment. A summary judgment is defined a decision made on the basis of statements and evidence presented for the record without a trial. It
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