Question
David is a farmer in a remote area of Iowa. Richard, also a resident of that same remote area, owns a special machine for harvesting
David is a farmer in a remote area of Iowa. Richard, also a resident of that same remote area, owns a special machine for harvesting wheat. In fact, Richard has the only wheat-harvesting machine of that sort for hundreds and hundreds of miles. For obvious reasons, the two contract for David to rent Richard’s special machine. Under the contract, David will take use of the machine on November 1st, just as his crop reaches maturity, and use it until the harvest is complete. On October 25th, though, Richard declares his intention to break the contract. He has found another farmer who will pay more for the machine, so he tells David to look elsewhere. However, David is unable to find a substitute, given that Richard’s machine is one-of-a-kind. The crops rotting on in the field will create a smell and lasting damage that is hard to calculate, not to mention David's credibility as a grain supplier. So, David goes quickly to the court. What should the court order in response to Richard’s breach?
A). Specific performance: the court should force Richard to deliver the machine to David’s farm on November 1st as promised.
B). Money damages: the court would only award David the lost profits from his harvest.
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ANS WER B Money damages the court would only award David the lost pro...Get Instant Access to Expert-Tailored Solutions
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