Question

Jill operates an ice cream stand during the months of May, June, July, and August. Jill’s ice cream machine is broken and needs a new part to run. She contracts to have the part shipped to her by special carrier. Jill emphasizes that the part needs to be delivered by April 25 and the carrier agrees, knowing that Jill intends to open his stand May 1. If the shipper fails to deliver the part on April 25, Jill will be able to recover consequential damages caused by the delay.

A. True
B. False

Answer 1

The answer is B.

Step-by-step explanation:

Jill will not be able to recover consequential damages. A consequential damage can be recovered if the consequence is foreseeable. However, Jill seems to have relied on this only carrier in order to open his Ice cream shop. Since he will not be able to open the shop due to a failure to deliver the machine- part, the consequential damage cannot be repaid because this circumstance was unforeseeable.