Scenario 1 - Breach of Warranty

Bethany was looking for a birthday gift for her husband, Lars. Lars loved to smoke cigars; however, Bethany knew nothing about them. While Bethany was looking around the Purple Haze, a tobacco shop, the owner suggested that Bethany try the newest cigar imported from Haiti. The owner stated that the cigar is just like Cuban cigars. After some hesitancy, Bethany asked the owner to smoke one. The cigar had a surprisingly aromatic smell and it lasted much longer than expected. Bethany purchased a box of the cigars and gave them to her husband on his birthday. When Lars smoked one of the cigars, it gave off a bitter obnoxious smell and was consumed in less than four minutes. When Bethany saw this, she was upset and asked Lars to try another cigar. The same situation was repeated with offensive smell and the cigar burning down very quickly like a cigarette. After Bethany tried unsuccessfully to return the cigars for a refund, she filed a small claims court action against Purple Haze. The case was based on the failure of the purchased cigars to conform to the sample, breach of the implied warranty of merchantability, and the misleading statement "just like the Cuban cigars."

• Discuss the probable outcome of the case using the Common Law of Contracts and/or the UCC to support your decision.