Question

Slimline and Distributor signed a contract providing that Distributor would use reasonable efforts to promote and sell Slimline’s diet drink. Slimline was already being sold in Warehouse Club. After the contract was signed, Distributor stopped conducting in-store demos of Slimline. It did not repackage the product as Slimline and Warehouse had requested. Sales of Slimline continued to increase during the term of the contract. Slimline sued Distributor, alleging a violation of the agreement. Who should win?

Answer 1

Answer: In this case, Slimline would win the case because Distributor's conduct and less inclination towards the product is breach of the contract. Therefore Slimline sued Distributor, alleging a violation of the agreement.

Hence, in this case Slimline is more likely to win the case as it was asked of the distributor to use reasonable efforts to promote and sell Slimline’s diet drink.