Question

You are the founder and CEO of Home Water Designs, Inc., a company that custom designs and builds expensive residential pools. You only use the best components, and receive all of your concrete for building pools from Jake, a concrete supplier. Jake has reliably delivered high quality concrete to you for nearly ten years. Jake has learned that your demand for concrete varies, and has customized his business to ensure response to your orders. In response to a wealthy client's quick demand for a new pool, you ask Jake for a fast delivery of 500 bags of concrete. Jake agrees to deliver, but due to a rare disruption in his own supplies, he is only able to deliver 400 bags on time. As a result, your wealthy client is disappointed with your work, and you suffer some damages. Your attorney informs you that you have a possible claim of breach of contract against Jake. Considering the legal and business implications, discuss whether you should declare a breach of contract claim against Jake seeking damages.

Answer 1

No you shouldn’t because it was a rare breach it scarcely happens so you should because it doesn’t happen all the time