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Janet was an engineer working in Buffalo, NY. On January 1, Janet signed a contract with Xfinity for cable and internet for the entire year,
Janet was an engineer working in Buffalo, NY. On January 1, Janet signed a contract with Xfinity for cable and internet for the entire year, $1,200 to be due on December 31. Everything was fine until the big snowstorm on December 20, which knocked out her service for 48 hours. Unfortunately for Janet, her important project bid which she had been preparing for months and was due December 21, could not be submitted from her home due to the outage, and she lost her chance to bid on a potentially lucrative project that would have brought her $28,000. Janet was quite angry so on the following January 2nd, she sued Xfinity, claiming they breached the contract by not providing the full-year service (and she refused to pay the $1,200) and she demanded $28,000 of consequential damages, and, because she thought Xfinity overcharged and took advantage of their monopoly status, she added a demand for $10,000 in punitive damages. Xfinity counter-claimed for the $1,200.
- How much will Janet and Xfinity be awarded in court, if anything?
- Fully explain all the contract factors in determining the amount(s) to be recovered.
- What, if anything, would be different?
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