Question

Having heard that it was a profitable new business, Smith decided to breed emus. They are flightless birds that reproduce rapidly and provide high-quality meat. For $4,000, Pembridge Farms sold Smith a proven breeder pair, guaranteeing that the lovebirds had already bred together. When the birds failed to mate, Smith discovered that they were both males. Pembridge refused to return Smiths money. Smith sued, asking the court for direct, as well as incidental and consequential damages. The evidence suggested that Smith stood to make $100,000 from one seasons chicks. To what kind of damages is Smith entitled

Answer 1

Answer: The damages that Smith is entitled to is the breach of contract.

Explanation:

Smith is entitled to damages against breach of contract. Since Pembridge Farms sold Smith two make birds, thus implies that there's a breach of contract as the birds provided is different from what Smith wants. In this case, it is impossible for Smith to breed emus.

It should be noted that the breach of contract is referred to as a civil wrong and can take a legal cause. In this case, the binding agreement isn't honored by one of the parties involved to the contract.