Question
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
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:
Question 4 options:
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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