First Principles of Business Law

Remedies for breach of contract

3. An award of damages

3.11. Mitigation of loss continued...

 

 

 

Read the facts and the question and then choose the best answer.

A, a farmer, buys 10 kgs of Roma tomato seeds for $1000 from B, a seed merchant. A and B both know that A intends to grow and sell a crop of tomatoes. However, B fails to deliver the promised seeds to A. A finds an alternative supplier of seeds at the same price he had agreed to pay B. However, his planting is delayed by ten days. This means a late harvest but A thinks it is worth the risk. As it turns out, by the time A sends his crop to market, the price of Roma tomatoes has risen by 10% over the price these tomatoes sold at ten days earlier.

In these circumstances, is A entitled to sue B for damages for breach of contract?

(a) Yes. A has made some extra money, but B still breached the contract and must pay damages.

(b) No. In the end, A has not suffered a loss even though B breached the contract, so A is not entitled to claim damages.

 

 

 

 

 

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