Ben Davis was a sole proprietor of a heating and air conditioning company doing business as (d.b.a.) Net Zero. Net Zero was in the business of selling, installing and servicing heating and air conditioning systems. Ira Simmons, a building owner, contracted with Davis to install a new air conditioning system for an office building he owned. Net Zero installed the unit and provided a warranty that the unit would not malfunction for 5 years. Two years later, Davis died and his son, Dean Davis, inherited his father's business... Dean also ran the business as a sole proprietorship d.b.a. Net Zero. One year later, the air conditioning unit installed in Simmons' building broke and could not be repaired. Simmons demanded that Dean honor the warranty and replace the unit. When Dean refused to do so, Simmons had the unit replaced at a cost of $12,000 and sued Dean to recover this amount for breach of warranty. Dean Davis argued that he was a sole proprietor and as such, he was not liable for the business obligations his father incurred while operating his own sole proprietorship.

• Is Dean Davis liable for the warranty made by his father? Support your answer with material from the readings and/or the applicable law.
• Apply a pending case or case that has been decided.