QuickHelper

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Category > Management Posted 02 Oct 2017 My Price 5.00

Lucy Van Pelt is a pumpkin merchant and retailer.

Lucy Van Pelt is a pumpkin merchant and retailer. She has entered into a valid binding contract with Linus Wholesaling for the purchase of 1,000 giant pumpkins to be delivered Oct 1st at a per pumpkin price of $10. Linus is well aware of Lucy's need for these particularly plump pumpkins during this specific selling season. Moreover, Lucy told Linus at the time they entered into the contract that she has specific resale deals that she must meet on time. Linus has figured his price based upon all the information Lucy has provided. 

Subsequently, Linus fails to deliver all of these prize gourds on time, before Halloween. Therefore, Lucy was forced to buy as many replacement pumpkins as she could find on the open market for $15 in an attempt to meet her contractual obligations under her resale contracts. She couldn't find enough substitute pumpkins and lost significant sales as a result. Assume that her lost profits are calculable at $12,000.  Assume further that the rule in Hadley v. Baxandale applies. 

Generally under these facts which of the following statements is true only as to Lucy's consequential damages.

 

A)  Lucy can recover the amount she spent to buy replacement pumpkins, $5 per pumpkin.

B)   Lucy should recover $12,000.

C)   Lucy will not be allowed to recover consequential damages because Linus'     breach was not foreseeable from her perspective.

D)  Lucy should recover $12,000 but only as incidental damages. 

Answers

QuickHelper
(10)
Status NEW Posted 02 Oct 2017 05:10 PM My Price 5.00

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