A perfume bottle supplier ships 1,000 bottles and charges $3.50 per bottle, but the court determines a reasonable price at delivery was $3.25. The perfumer had paid $2.50 per bottle earlier. What is the appropriate amount the court should award?

Study for the Themis Contracts Exam. Practice with comprehensive quizzes with flashcards and multiple choice questions, each question comes with detailed explanations. Be fully prepared for your exam!

Multiple Choice

A perfume bottle supplier ships 1,000 bottles and charges $3.50 per bottle, but the court determines a reasonable price at delivery was $3.25. The perfumer had paid $2.50 per bottle earlier. What is the appropriate amount the court should award?

Explanation:
The main idea is to put the non-breaching party in the position they would have been in if the contract had been performed, using the market price at the time delivery should have occurred. Since the court finds the reasonable price at delivery is 3.25 per bottle, for 1,000 bottles the value the perfumer should be compensated is 1,000 × 3.25 = 3,250. The prior payment of 2.50 per bottle doesn’t change this remedy here; the award mirrors the market value that should have been paid. The other figures would reflect different bases (such as the earlier price or the contract price) and don’t align with awarding the market price determined by the court.

The main idea is to put the non-breaching party in the position they would have been in if the contract had been performed, using the market price at the time delivery should have occurred. Since the court finds the reasonable price at delivery is 3.25 per bottle, for 1,000 bottles the value the perfumer should be compensated is 1,000 × 3.25 = 3,250. The prior payment of 2.50 per bottle doesn’t change this remedy here; the award mirrors the market value that should have been paid. The other figures would reflect different bases (such as the earlier price or the contract price) and don’t align with awarding the market price determined by the court.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy