Now, I don't want to infringe on Aspen's copyright, so I'm going to vary up the fact pattern a little.
hypo wrote:Wakeboard loves anal stimulation, so he contracts with Paratactical for Para to build him a custom set of extra large, studded, ebony anal beads. Para quoted him a price of $1,500 for the anal beads and requires a $150 down payment, which Wake pays. Para spends $200 on ebony and begins shaping and polishing them, but has not yet bought the carpet tacks she will need for the beads, which cost $50 on the market.
A week later, Wake was savagely taken in the rear by a horse after answering "get fucked by a horse" in the Peas/Para poll on St. Tristan's Day, when all TLS poll answers come literally true. The Doctor forbade Wake from any such adventures, and ever conscious of his health, repudiated the contract with Para. Para checks scrap prices for ebony on the spot market and finds she can offload the scrap ebony for $5. What are her damages?
Is this the right way to figure it?
Value of K: $1,500
- Para's Direct Costs: $250
Para's Expectation Interest: $1,250
+ Costs Incurred: $200 ($1,450)
- Deposit Paid: $150 ($1,300)
- Cost Avoided: $50 ($1,250)
- Scrap Value: $5 ($1,245)
The E&E Did all the same things, except they didn't subtract the $50 for the cost avoided, coming up with a figure of $1,295. The way I learned standard measure is Value of K + Incidental and Consequential - (Costs Avoided + Offsets)
So help a brotha out. What am I missing? Or is the E&E wrong?
PS. I know the hypo might earn me a time out, but let me get some answers first before you edit it out?