Question: Before Chad DeRosier could build a house on his undeveloped property, he needed to have some fill dirt deposited on the land. Utility Systems of

Before Chad DeRosier could build a house on his undeveloped property, he needed to have some fill dirt deposited on the land. Utility Systems of America, Inc., was doing roadwork nearby, and DeRosier asked Utility if it would like to deposit extra fill dirt on his property. Utility said it would, and DeRosier obtained the necessary permit. The permit was for 1,500 cubic yards of fill dirt, the amount that DeRosier needed. DeRosier gave Utility a copy of the permit. Later, DeRosier found 6,500 cubic yards of fill dirt on his land and had to have 5,000 cubic yards of it removed. Utility denied responsibility but said that it would remove the fill dirt for $9,500. DeRosier filed a suit against Utility and hired another company to remove the fill dirt and to do certain foundation work. He paid $46,629 to that contractor. The district court held that Utility had breached its contract and ordered it to pay DeRosier $22,829 in general damages and $8,000 in consequential a mages. Utility appealed. In view of the fact that Utility charged nothing for the fill dirt, did a breach of contract occur? If a breach occurred, should the damages be greater than $9,500? Can consequential damages be justified? Discuss. [DeRosier v. Utility Systems of America, Inc., 780 N.W.2d 1 (Minn. App. 2010)]

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Yes there was a contract as the dirt was not a gift Utility saved resources by not having to haul th... View full answer

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