Question

Oxley contracts to buy a pizza oven from Restaurant Supplies Warehouse (RSW) for $2,500, but RSW fails to deliver. Oxley buys the appliance else-where for $3,500. Oxley’s measure of damages is​:

$1,000.​
​$1,000 plus incidental damages. ​
incidental damages only. ​
$0.

Answer 1

Oxley should measure the damages as $1,000 in addition incidental damages

Step-by-step explanation:

Damages under the common law, is defined as the remedy in the form or kind of a monetary terms to be given to the claimant as a compensation for loss

Incidental damages are those damages which are reasonable damage or expense incurred or happen through one party to the agreement as a consequence of the breach of contract to other party.

So, in this case, due to non- delivery of pizza over by the party, another party bought the appliance from somewhere else at higher price. So, the party who fails to deliver will pay the different amount (which is $3,500 - $2,500) as well as incidental damage or expense to another party.