Kens owns and operates a famous candy store and makes most of the candy sold in the store. Business is particularly heavy during the Christmas season. Ken contracts with Sweet, Inc., to purchase ten thousand pounds of sugar to be delivered on or before November 15. Ken has informed Sweet that this particular order is to be used for the Christmas season business. Because of problems at the refinery, the sugar is not tendered to Ken until December 10, at which time Ken refuses it as being too late. Ken has been unable to purchase the quantity of sugar needed to meet his Christmas orders and has had to turn down numerous regular customers, some of the whom have indicated that they will purchase candy elsewhere in the future. What sugar Ken has been able to purchase has cost him 10 Cents per pound above the price contracted for with Sweet. Ken sues Sweet for breach of contract, claiming as damages the higher price paid for sugar from others, lost profits from this year’s lost Christmas sales, future lost profits from customers who have indicated that they will discontinue doing business with him, and punitive damages for failure to meet the contracted delivery date. Sweet claims Ken is limited to compensatory damages only.
Discuss who is correct, and why. ANALYZING A CASE Briefly summarize the facts of the case – restating the facts in a clear and concise manner ( You must understand the facts of a case before you can attempt to resolve it)
Identify the major issue(s) that flow from the facts (Legal issue). Sometimes this process indicates the various avenues of litigation open to the plaintiff. For instance the issues identified can suggest that both Negligence and Strict Liability may be pursued.
Identify the elements of each issue (Determine the relevant elements of each issue. For instance Negligence has: Existence of Duty of care, Breach of that Duty, Proof of Injury and Causation or Proximate Cause).
Discuss the elements of each issue as they apply to the case. Apply the relevant law (Make a decision based on the relevant law). Cite a supporting case (As this is common law, briefly state the facts of the supporting case and show how it can serve as a precedent to your case problem).
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