Acme Corp. entered into a contract with Bruce for Bruce to supply it with certai
ID: 367316 • Letter: A
Question
Acme Corp. entered into a contract with Bruce for Bruce to supply it with certain materials that it needed to produce its products. Bruce enters into a contract with UPS for UPS to deliver all of its products to all of its clients. Bruce’s contract with UPS has a 200-page schedule showing all of its recurring deliveries. On page 102 of the schedule is the delivery to Acme Corp. UPS has major problems and fails to make the deliveries to Acme Corp. Acme Corp. has to pay additional charges to Federal Express to have its goods delivered to them from Bruce. Acme Corp sues UPS for UPS’s breach of its contract with Bruce as a third party beneficiary. You are the judge. Who wins the case?
Explanation / Answer
According to me this case isn't valid because UPS is not answerable to Acme Corp but if Bruce had sued UPS, Bruce would have won the case. Since The contract is between UPS and Bruce and secondly between Bruce and Acme Corp, Bruce can sue UPS, and Acem Corp can sue Bruce or atleast ask for any additional charges that have been paid and the loss to the business due to delay of material.
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