Anyone remember this contracts case?

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gatesome
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Anyone remember this contracts case?

Postby gatesome » Mon Jun 22, 2015 11:08 am

The case is pretty old I believe. The premise of the case was that the parties contracted for goods, Party A didn’t end up supplying the goods, Party B went out and bought the most expensive replacement they could find, then sued Party A for reimbursement. The Court held that Party A was only liable for the reasonable cost of replacing the product they failed to deliver. So it wasn’t specific performance, maybe indemnification?

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pancakes3
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Re: Anyone remember this contracts case?

Postby pancakes3 » Mon Jun 22, 2015 11:19 am

Duty to mitigate damages

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gatesome
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Re: Anyone remember this contracts case?

Postby gatesome » Mon Jun 22, 2015 11:38 am

pancakes3 wrote:Duty to mitigate damages


Definitely on to something there... thanks. Still trying to find the case though

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Serett
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Re: Anyone remember this contracts case?

Postby Serett » Mon Jun 22, 2015 11:51 am

Sounds kind of like Thorne v. White.

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BizBro
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Re: Anyone remember this contracts case?

Postby BizBro » Mon Jun 22, 2015 11:52 am

Do you remember what they were buying/ selling? lol

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gatesome
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Re: Anyone remember this contracts case?

Postby gatesome » Mon Jun 22, 2015 12:17 pm

BizBro wrote:Do you remember what they were buying/ selling? lol


Sadly not. Perhaps medical or manufacturing equipment, but I really don't remember.

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pancakes3
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Re: Anyone remember this contracts case?

Postby pancakes3 » Mon Jun 22, 2015 12:23 pm

If you remember your textbook, you might be able to casebrief it in accordance with the damages section, but what difference does it make what case it is?

timmyd
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Re: Anyone remember this contracts case?

Postby timmyd » Mon Jun 22, 2015 12:33 pm

Sounds like covering in bad faith.

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BuddyHoller
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Re: Anyone remember this contracts case?

Postby BuddyHoller » Mon Jun 22, 2015 12:43 pm

This sounds really familiar. I think we read this case but our professor didn't teach it. It's not in my notes, anyway.




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