Am I entitled to full damages? - sugar futures contract
I own and operate a candy store and I sold most of the sweets in my shop. I took a contract with a company (let's call it X) to 10,000 pounds of sugar to buy, not to be delivered no later than 15 November. I informed X This command is intended for the Christmas season. Because complications of sugar is not enough to me, until 10 December, and now I refuse to because it is too late. Because I was not able to fulfill some orders made at Christmas due to my lack of sugar, I had to refuse many repeat customers. Some of them said to be transported elsewhere. The sugar, which I bought (I had to buy some sugar for days after delivery was not made on time, or I could not access commands) cost me 10 per pound above the price he is with X. agreed
I think sueing X for all the damage in question (such as) the future loss of earnings, but my lawyer says, you can only sue for damages. I have a complete assessment of the damage?
Monday, January 11, 2010
Sugar Futures Contract Am I Entitled To Full Damages?
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5 comments:
His lawyer, he plays safe, and I can not say I agree. Compensatory damages are easy, but if you have lost the goodwill of its customers, future benefits, etc., we are in a very sticky area. The principles of common law, there is nothing stopping you, the claim could not prevent the principles of distance, such a statement win. The court does not enter into this kind of speculation in general.
If you do a lot of evidence that the effect of the additional revenue could be lost (ie) for regular customers important addition for next Christmas, it might be possible.
Ultimately, however, a very muddy mess, what else is relatively easy.
But, ask your lawyer why he was against the request. Even if you are not sure he would win at this stage, this alone is no reason not to try if you have a more solid basis for compensation. If you are such a declaration could be used fAVOUR solution when it is clearly unfounded. On the other hand, it may be specific to your jurisdiction laws that give pause to his lawyer.
Much of this is about the validity of the contract from, and the status of sugar as the delivery date of the contract. In addition, their compensation must be documented - more than mere conjecture and estimates of business losses. Another question that arises covered - if you are the steps for repairing the damage, if the violation is clear. Ideally, you are entitled to direct damages and indirect. You may have a better advocate aggressive.
What is your contractsay? If you have a disclaimer, which are responsible for things that are beyond their control, then you have nothing.
The exact reasons for the expedition has been delayed, and who is responsible? These are questions that need to be answered --- and tested.
I would say yes to proceed with its application. It costs money, customers and reputation. Consult a lawyer, but I think you say the same thing.
I would say yes to proceed with its application. It costs money, customers and reputation. Consult a lawyer, but I think you say the same thing.
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