Performance of A Contract
DQ 1
- I am a corn broker. I contract with Farmer I.T. Dell to purchase 1200 bushels of Dell Computer Corn #1. That brand of corn is the best on the market, one level of quality better than Old McDonald’s Quack and Oink and two levels of quality better than Farmer Jack’s Canned Maize brands. I tell Farmer Dell that I have purchasers for the 1200 bushels of corn because I can deliver Dell Computer Corn #1.
Farmer Dell ships me 400 bushels. He explains the shortfall as the result of a drought. I am not pleased. Who bears the loss of the 800 bushels that was not delivered, Farmer Dell or me? If there is information not contained in my hypothetical that would assist you in answering it, please identify the missing information. Then make an assumption about the missing information and respond, including your assumption[s]. Do not concern yourself with any questions regarding title to the corn.
DQ 2
- (Taken from Chapter Question 15-2 on page 372) How much disruption is in a person’s life must that person endure in order to avoid application of the doctrine of mitigation of damages by failing to mitigate damages)? For example, would a person be required to move across the country if a similar job opening occurred there? In the example in the chapter question, would it make a difference if the highest salary was $15,000?
DQ 3
- In a breach of contract action, how far removed from a breach of contract can consequential damages be recovered by the non-breaching party? How many “degrees of separation” from the original breach of contract are we talking about?
