Question
Wholesaler contracted with Foundry to buy all of Wholesaler's annual requirements for a range of valves manufactured to stated requirements from Foundry.The contract was for
Wholesaler contracted with Foundry to buy all of Wholesaler's annual requirements for a range of valves manufactured to stated requirements from Foundry.The contract was for four years, with an option to extend for an additional two years, and the parties performed under it for three years before Wholesaler repudiated their agreement. In Foundry's suit against Wholesaler, Foundry's damages will be:
a)to sell an amount equal to Wholesaler's usual requirements for one year to another buyer, and recover the difference between the contract price and the market price.
b)to sell an amount equal to Wholesaler's usual requirements for one year to another buyer at a discount, because the valves were manufactured to Wholesaler's stated requirements, and recover the difference between the contract price and the market price.
c)lost volume profits based on Wholesaler's usual requirements for one year from the cancelled contract, because Foundry is a lost volume seller.
d)lost volume profits based on Wholesaler's usual requirements for three years from the cancelled contract, because Foundry is a lost volume seller.
Wholesaler contracted with Foundry to buy all of Wholesaler's annual requirements for certain types of valves from Foundry.The contract had no duration term, but the parties performed under it for several years before Wholesaler repudiated their agreement. In Foundry's suit against Wholesaler, Foundry's damages will be:
a)to sell an amount equal to Wholesaler's usual requirements for a year to another buyer, and recover the difference between the contract price and the market price.
b)to sell an amount equal to Wholesaler's usual requirements for a year to another buyer at a discount, because Wholesaler selected specific valves, and recover the difference between the contract price and the market price.
c)lost volume profits based on Wholesaler's usual requirements for a year from the cancelled contract, because Foundry is a lost volume seller.
d)not lost volume profits based on Wholesaler's usual requirements for a year from the cancelled contract, because Foundry is not a lost volume seller.
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