Question
Donald Evans Inc (DEI) supplies materials to the oil industry in Alberta. Although the company deals in several types of equipment, the vast majority of
- Donald Evans Inc (DEI) supplies materials to the oil
industry in Alberta. Although the company deals in several
types of equipment, the vast majority of its profits
are generated by a device called a heavy oil extraction
coupler (or, more simply, a coupler). The manufacture
of those couplers required the use of widgets purchased
from Harjat Machine Corp (HMC). HMC is the only
source of such widgets. Two years ago, the parties created
a contract that obligated HMC to provide widgets to
DEI for 10 years. One year ago, however, HMC breached
that contract by refusing to perform the contract unless
DEI promised to pay a higher price. As it was entitled to
do, DEI immediately discharged the contract for breach
of condition. HMC now concedes that it had acted
wrongfully and that it is liable to DEI. The more difficult
question pertains to the measure of relief. There are
three possibilities: (i) Because DEI cannot manufacture its
couplers without HMCs widgets, DEI is entitled to the
full value of the profits that it will lose for the remainder
of the full life of the parties 10-year contract: (ii) DEI
could have rearranged its manufacturing process, within
two years, to produce its couplers without widgets from
HMC. Damages could be confined to DEIs lost profits
during that period; and (iii) within a very short time of its
own breach, HMC admitted that it had acted wrongfully.
It therefore offered to create a new contract with DEI to
supply widgets for either (a) the remainder of the time
contemplated by the original contract, or (b) the length
of time that DEI would require to develop a manufacturing
process that did not involve widgets. Which solution
would a court most likely adopt? Explain your answer.
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