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What legal result?


Jeff Matthews

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Shipping both ways= $80, so that much is for sure. Since the widget is not a special product it could to back into FG inventory for future sale, no damages there. Perhaps ABC could justify additional carrying costs and special handling costs that would impact the COGS. I think the $9 per unit future sale is irrelevant.
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We've had physics 101. Now, law 101.

ABC Corp. mass produces widgets. That's all it does - by the thousands. ABC's typical inventory of widgets is 2000 units. XYZ Co. enters into an agreement to buy 100 widgets from ABC for $10 each, freight included (will be borne by ABC). The total average unit cost of production to ABC for each widget is $6.

ABC ships the 100 widgets to XYZ at a cost to ABC of $40, and when they arrive, XYZ refuses to take delivery. Assume there is no justification for XYZ's refusal to accept delivery. The widgets are returned to ABC.

20 days later, another company, P Corp., purchases these same 100 widgets from ABC at $9 each.

If ABC sues XYZ, what, if anything, should ABC recover? Give your reasons.

EDIT: Return freight was mentioned below. Assume return freight was $40, and ABC Corp. paid it.

This is so easy, they will recover either $1,000,000,000,000 or 28 cents. The reason is that you have more numbers that one can count on their hand and everyone knows that an attorney cannot work a calculator to save their life.

This is kind of funy, when I took the bar I played my Barbri tapes at work. I thought everyone would be mad but they actually all kept asking me legal questions all day. Who would have guessed?

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We've had physics 101. Now, law 101.

ABC Corp. mass produces widgets. That's all it does - by the thousands. ABC's typical inventory of widgets is 2000 units. XYZ Co. enters into an agreement to buy 100 widgets from ABC for $10 each, freight included (will be borne by ABC). The total average unit cost of production to ABC for each widget is $6.

ABC ships the 100 widgets to XYZ at a cost to ABC of $40, and when they arrive, XYZ refuses to take delivery. Assume there is no justification for XYZ's refusal to accept delivery. The widgets are returned to ABC.

20 days later, another company, P Corp., purchases these same 100 widgets from ABC at $9 each.

If ABC sues XYZ, what, if anything, should ABC recover? Give your reasons.

EDIT: Return freight was mentioned below. Assume return freight was $40, and ABC Corp. paid it.

My non-legal layperson's perspective... I have no idea. It seems like I should be entitled to the agreed upon price of $1,000 plus the return shipping, for a total of $1,040. But then, I sold them for $900. Maybe XYZ only owes me $140. Wait a minute, they're fungible. If P Corp hadn't bought these widgets, they'd've bought some other widgets, and I'm still out the $1,000 XYZ promised to give me. Plus, I had to re-stock them, typically 15%. I'd ask for the $1,000 contract price, the $40 return shipping, and charge a restocking fee of 15%, total $1,190.

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