Question
Hawaiian Telephone Company entered into a contract with Microform Data Systems, Inc. (Microform), for Microform to provide a computerized assistance system that would handle 15,000
Hawaiian Telephone Company entered into
a contract with Microform Data Systems, Inc. (Microform),
for Microform to provide a computerized assistance system
that would handle 15,000 calls per hour with a one-second
response time and with a "nonstop" feature to allow automatic
recovery from any component failure. The contract called for
installation of the host computer no later than mid-February
of the next year. Microform was not able to meet the initial
installation date, and at that time, it was determined that
Microform was at least nine months away from providing a
system that met contract specifications. Hawaiian Telephone
canceled the contract and sued Microform for damages.
Did Microform materially breach the contract? Can Hawaiian
Telephone recover damages?
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