An injured buyer can recover consequential damages from a seller by showing that: ________.Multiple choice question.the seller knew (or should have known) she could have prevented damages by obtaining substitute goodsthe seller made (or should have made) profits out of the sales contractthe contract price is higher than the cost price of the substitute goodsthe seller knew (or should have known) the buyer would suffer damages if the seller failed to perform
Question
An injured buyer can recover consequential damages from a seller by showing that: ________.Multiple choice question.the seller knew (or should have known) she could have prevented damages by obtaining substitute goodsthe seller made (or should have made) profits out of the sales contractthe contract price is higher than the cost price of the substitute goodsthe seller knew (or should have known) the buyer would suffer damages if the seller failed to perform
Solution
The correct answer is: the seller knew (or should have known) the buyer would suffer damages if the seller failed to perform. This is because consequential damages are awarded to compensate the injured party for indirect damages that are a foreseeable consequence of the seller's breach of contract. For these damages to be awarded, the seller must have known (or should have known) that these damages would occur if they failed to fulfill their obligations under the contract.
Similar Questions
Identify the factors through which a seller can determine the damages that a buyer is liable for because of the breach of contract. (Choose two correct answers.)Multiple select question.The profit from all the plausible buyers that was lost because of dealing with the current buyerThe difference between the contract price and the market price at which the goods are currently sellingThe profit that the seller lost when the buyer did not go through with the contractThe emotional damages that the seller suffered due to buyer's refusal to accept goods
If the difference between the contract price and the market price would not put the seller in as good a financial position as the seller would have been in if the contract had been performed, the seller can ________. (Choose three correct answers.)Multiple select question.recover lost profitrecover emotional damagesrecover overheadget compensated for incidental damagesdecline credit to buyer for expenses saved
Assume Sandra ordered a cake for her sister's wedding from CakeLike. She insisted through the contract that she needs the cake delivered on the day before the wedding. But CakeLike failed to deliver it even on the wedding day. Also, Sandra was unable to find another alternative cake for the day. In this scenario, Sandra can recover consequential damages caused by CakeLike by showing that _________.Multiple choice question.the contract price was higher than the cost price of the substitute goodsCakeLike made profits out of the sales contractCakeLike knew about the potential damages in case of nonperformance of its obligationsSandra could have prevented damages by obtaining substitute goods
If a seller sues a buyer for the contract price of ordered goods, the seller _____.Multiple choice question.cannot resell the goods to anyone else other than the buyermust discredit the buyer for the proceeds of the salecannot hold the goods for the buyermust turn the goods over to the buyer if the buyer pays for them
If the seller resells, he may also recover Blank______ damages, but the seller must give the buyer Blank______ for any expenses that the seller saved because of the buyer’s breach of contract.Multiple choice question.consequential; discountintentional; creditincidental; creditconplementary; discount
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