Question
6. Alexandra Hirschi, known as Supercar Blondie, sent Bugatti of Greenwich, also known as Miller Motorcars a $100,00 deposit on a $1,1000,000 Bugatti Veyron 16.4
6. Alexandra Hirschi, known as Supercar Blondie, sent Bugatti of Greenwich, also known as Miller Motorcars a $100,00 deposit on a $1,1000,000 Bugatti Veyron 16.4 coupe. Although Miller informed Ms. Hirschi that the car would be delivered in November, the order form did not indicate the delivery date and contained a disclaimer for delay or failure to deliver due to circumstances beyond the dealers control. On November 21, Ms. Hirschi purchased another supercar from another dealer and cancelled her contract from Miller Motorcars. When Miller attempted to deliver a Bugatti to Ms. Hirschi on November 29, Ms. Hirschi refused to accept delivery. Miller later sold the car for $990,000. Ms. Hirschi sued Miller for her $100,000 deposit plus interest. Miller counterclaims, based on the terms of the contract, for liquidated damages of $100,000. (the amount of the deposit) as a result of Ms. Hirschis breach of contract. What are the rights of the parties?
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