1. What types of warranties were formed here? What behavior on the part of the defendant led to the creation of each of those types of warranties?

2. The defendant’s argument that the plaintiff failed to meet her duty to mitigate her damages failed. Why? Do you think this outcome was fair to the defendant?

3. How does the court calculate the damages owing to the plaintiff? Do you feel the plaintiff was fully compensated for her losses? Why or why not?

On three separate occasions during the year of 2001, the plaintiff, Anne Dunleavey d/b/a Unique Interiors, an interior designer, ordered a combined total of 3,280 square feet of French Antique Bourgogne stone from the Bourgogne region of France from the defendant, Paris Ceramics USA, Inc., a stone retailer, at a cost of $124,693.33. The stone was needed to renovate the deck area around the outdoor pool of Dunleavey’s client, Terrance McClinch. Paris Ceramics’ agent represented to Dunleavey that the stone was suitable for exterior use in Fairfield, Connecticut.