In April, Mr. Jones entered into a contract with a farmer to buy 1000 bushels of...
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In April, Mr. Jones entered into a contract with a farmer to buy 1000 bushels of peaches for $5,000 (or $5 per bushel). The contract specifies that the peaches must be delivered by August 1. (Mr. Jones has a contract with a bakeshop in which he agreed to provide 2,000 specialty peach pies for sale by the bakery during the month of August). On June 15, the farmer informed Mr. Jones that he was backing out of the deal--he decided to sell his entire crop to another purchaser for a higher price. Although on June 15, the price of peaches for August delivery was still the same as it was in April--$5 per bushel-Mr. Jones hopes that the market will be flooded with peaches in the coming month and the price will decline. Consequently, he took no action to purchase peaches during June and for the first two weeks of July. Unfortunately, due to violent and damaging early summer storms, there is a shortage of peaches and the market price per bushel increased substantially after July 15. On July 20, Mr. Jones finally purchased peaches from another supplier at the then-current market price of $8 per bushel, but is only able to buy 500 bushels--half the amount covered by his April contract with the farmer. As a result, Mr. Jones was able to make only half the number of pies he had contracted to sell to the bakery. Mr. Jones wants to sue the farmer for breach of the April contract and wants to claim damages based on (a) the difference between the $8 per bushel price on July 20 and the contract price of $5 per bushel and (b) the profits he would have made on the sale of peach pies to the bakery if he had received delivery of 1,000 bushels from the farmer on August 1 and (c), any damages he is found to owe the bakery for breaching his pie sale agreement. How would you assess Mr. Jones' prospects on each of these potential damage claims? In April, Mr. Jones entered into a contract with a farmer to buy 1000 bushels of peaches for $5,000 (or $5 per bushel). The contract specifies that the peaches must be delivered by August 1. (Mr. Jones has a contract with a bakeshop in which he agreed to provide 2,000 specialty peach pies for sale by the bakery during the month of August). On June 15, the farmer informed Mr. Jones that he was backing out of the deal--he decided to sell his entire crop to another purchaser for a higher price. Although on June 15, the price of peaches for August delivery was still the same as it was in April--$5 per bushel-Mr. Jones hopes that the market will be flooded with peaches in the coming month and the price will decline. Consequently, he took no action to purchase peaches during June and for the first two weeks of July. Unfortunately, due to violent and damaging early summer storms, there is a shortage of peaches and the market price per bushel increased substantially after July 15. On July 20, Mr. Jones finally purchased peaches from another supplier at the then-current market price of $8 per bushel, but is only able to buy 500 bushels--half the amount covered by his April contract with the farmer. As a result, Mr. Jones was able to make only half the number of pies he had contracted to sell to the bakery. Mr. Jones wants to sue the farmer for breach of the April contract and wants to claim damages based on (a) the difference between the $8 per bushel price on July 20 and the contract price of $5 per bushel and (b) the profits he would have made on the sale of peach pies to the bakery if he had received delivery of 1,000 bushels from the farmer on August 1 and (c), any damages he is found to owe the bakery for breaching his pie sale agreement. How would you assess Mr. Jones' prospects on each of these potential damage claims?
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Related Book For
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts
Posted Date:
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