ABC Clothiers, Inc. has a contract with Taylor & Sons, a retailer, to deliver on
ID: 396777 • Letter: A
Question
ABC Clothiers, Inc. has a contract with Taylor & Sons, a retailer, to deliver one thousand (1,000) summers suits to Taylor’s place of business on or before May 1. On April 1, Taylor receives a letter from ABC informing him that ABC will not be able to make the delivery as scheduled, but could make the delivery a month later, on June 1. Taylor is very upset, as he had planned a big ad campaign, “half the summer will be over by June 1” and wants to sue ABC right away. Assume that Taylor & Sons can either file immediately or wait until ABC fails to deliver the goods on May
1. What course of action is better under the circumstances? dentify the Issue The reflection should provide me with what you think the issue in the scenario is. For instance, assignment no. 2 involves the issue of when a party to a contract should sue a breaching party when the breach occurs before the date due in the contract. There is a name for this issue and you should be able to find this in my video and/or in the textbook. Identify the Law I would like you to provide me with the name of such law. Identify the Facts and the Provide an Opinion After you have told me what the issue of law is, I would like you to tell me, with the use of the facts in the scenario, why you would decide an outcome one way or another. So, while I want your opinion on the scenario, it has to be supported with the facts of the scenario or a logical extension of these facts. For instance, if the non-breaching party waits to sue to the due date, perhaps there is a chance that the breaching party may provide the suits earlier and a valuable business contact will not be permanently damaged. Or, the non-breaching party has already been told the breaching party will not timely perform and to wait until the due date may give the breaching party the idea that the breach has been waived, etc.
Explanation / Answer
Issue is breach of contract.
In this case Taylor can file suit against ABC in following cases –
So, as both the facts mentioned are correct here in this case. Taylor can file a suit against ABC Clothiers Inc. ABC has stated their intention in writing to Taylor that they will not be able to deliver the goods on pre decided date. It makes Taylor eligible to file a suit for future action of ABC Clothier Inc as he has that in writing at present.
Also, Taylor has planned ad campaign and half of summer will get over till the goods will arrive to him as per the new date given by ABC. He would have to bear losses of that as Taylor had to find another source to obtain the clothing material required. So, as per all the facts suspicion of future action of breach of contract is enough for Taylor to file a law suit against ABC.