Question

Jewell-rung was a canadian corporation that imported and sold men's clothing wholesale. haddad was a new york corporation that manufactured and sold mens clothing under the

Answer 1

Lost profits are consequential damages. Haddad is right that a buyer may not recover consequential damages that it could have prevented by cover. But Jewell-Rung offered legitimate reasons for not covering: the only Lakeland garments now available to it were those made by Olympic. Olympic would not sell a competitor the garments at reasonable prices. Further, Jewell-Rung could not rely on the quality of the garments manufactured by a different company. Jewell-Rung's failure to cover was reasonable and the company was entitled to prove its lost profits. Jewell-Rung Agency, Inc. v. Haddad Organization, Ltd