Question: Cooper Manufacturing Co contracted with Bright Computers to maintain Cooper s
Cooper Manufacturing Co. contracted with Bright Computers to maintain Cooper’s computer system. Cooper’s manufacturing process depends heavily on its computer system operating properly at all times. A liquidated damages clause in the contract provided that Bright Computers pay $ 1,000 to Cooper for each day that Bright was late responding to a service request. On December 8, Bright was notified that Cooper’s computer system was “ down.” But Bright did not respond to Cooper’s service call until December 11. If Cooper sues Bright under the liquidated damage provision of the contract, what should the result be?
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