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Johnny Storm agrees to buy a new car form the Fast and Furious Car Dealership. T

ID: 2587272 • Letter: J

Question

Johnny Storm agrees to buy a new car form the Fast and Furious Car Dealership. The cost to the Fast and Furious is $8,500 and the sticker price is $10,500, which Johnny has agreed to pay. Johnny thinks this car will be smoking hot as he drives it down the freeway and around town. Fast and Furious Car dealership orders the car from the factory, but when it arrives, Johnny repudiates the contract. He decided that he did not like the color he originally ordered because it would clash with his uniform. Fast and Furious doesn’t have any issue in selling this type of car and actually sells the car ordered for Johnny to Victor. Fast and Furious sues Johnny seeking damages. What is Fast and Furious Car Dealership entitled to and why? Source please!

Explanation / Answer

In this case, this breach of contract does not create any loss for to the Fast and Furious Car Dealership, thought it dealer will not incur loss for the breach of the contract, still he has the right to sue. so if the dealer sue johnny,   small sum fixed without regard to the amount of loss will be awarded as nominal damages to the dealer.

Sourse:

Second Restatement of Contracts §346:

Availability of Damages : The injured party has a right to damages for any breach by a party against whom the contract is enforceable unless the claim for damages has been suspended or discharged. (2) If the breach caused no loss or if the amount of the loss is not proved under the rules stated in this Chapter, a small sum fixed without regard to the amount of loss will be awarded as nominal damages

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