Ethical and Legal Issues in Business Case Problems 9 & 10 (Chapter 9), Problem 6 (Chapter 10), Problem 7 (Chapter 11) & Problem 10 (Chapter 12)
Connie May Williams
Maryland University – Education

Ethical and Legal Issues in Business Case Problems 9 & 10 (Chapter 9) and Problem 13 (Chapter 6)

Should the Galls’ complaint be dismissed? As a result of the action between two local people, this came to be a state action, calling for application of state law. Jurisdictions differ depending on whether furnishing water is considered sale of a good under the U.C.C, however majority consider it a good under the U.C.C. Seven courts have held that water is a good and that water suppliers are merchants. See Dakota Pork Indus. v. City of Huron, 638 N.W.2d 884, 886 (S.D.2002). In contrast, only two courts have held that the furnishing of water is not a sale of goods under the UCC. See Mattoon v. City of Pittsfield, 56 Mass. App. Ct. 124, 775 N.E.2d 770, 784 (2002). As such, the complaint should most likely not be dismissed.

Problem 10 Chapter 9
However, does Schumacher have a valid claim for unjust enrichment? Yes, Schumaker does have a claim of unjust enrichment. Granted courts are hesitant to step in on economic family matters, this is a relatively clear case. Schumaker virtually improved the condition and value of his parent’s property by building a well, stocking equipment, and building good-will of the business through improved marketing. He should be able to recover value of these improvements if his parents wish to retain them. As a result they not only failed to reject them, but are openly retaining them by attempting a sale of the property, in which Schumaker can recover. Schumacher v. Schumacher, 627 N.W.2d 725, 730 (Minn. Ct. App. 2001).

Problem 6 Chapter 10
Will it win? Pernal made an