Question
. Assume that Buyer agrees to buy and Seller agrees to sell 1000 cases of chocolate each month, for each month, starting in January. Seller
. Assume that Buyer agrees to buy and Seller agrees to sell 1000 cases of chocolate each month, for each month, starting in January. Seller ships 1000 in January; 1000 cases in February but fails to ship 1000 casesin March.
(a) Can Buyer sue Seller for breach? When?
(b) Assume that in this example, Buyer agreed to pay Seller $2000 for each shipment. When Seller failed to deliver the March shipment, Buyer purchased identical product from someone else for $2500.00 How much can Buyer recover in damages from Seller?
(c) Assume that because Seller failed to ship the product in March, Buyer missed delivery on its contract to provide candy to Amazon for the Easter holiday. They resulted in a loss to Buyer of $15,000 in lost profits.Can Buyer recover their lost profit?
(c) Does it make any difference if Buyer did not try to procure substitute chocolate after the Seller failed to deliver in March?
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