Ernest operates an ice cream stand during the months of May, June, July, and August. Ernest's ice cream machine is broken and needs a new part to run. He contracts to have the part shipped to him by special carrier. Ernest emphasizes that the part needs to be delivered by April 25 and the carrier agrees, knowing that Ernest intends to open his stand May 1. If the shipper fails to deliver the part on April 25, Ernest will be able to recover consequential damages caused by the delay. True or False?

Question

Eric Moody

Social Studies

20 October, 07:27

Ernest operates an ice cream stand during the months of May, June, July, and August. Ernest's ice cream machine is broken and needs a new part to run. He contracts to have the part shipped to him by special carrier. Ernest emphasizes that the part needs to be delivered by April 25 and the carrier agrees, knowing that Ernest intends to open his stand May 1. If the shipper fails to deliver the part on April 25, Ernest will be able to recover consequential damages caused by the delay. True or False?

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Answers (1)

Know the Answer?

Atticus Medina · Answer 1

True

Explanation:

The answer is TRUE.

As Ernest made contracts with the special carrier emphasizing that the parts are needed to be delivered by 25th of April. The special carrier company agrees to this and promised to deliver the part by 25 April. Ernest intends to open his ice cream stand by st of May.

Now if the special carrier fails to deliver the part by 25th of April, they will have to recover the consequential losses and damages bared by Ernest because of the delay as there was a mutual agreement on the delivery date by 25th of April on the contract.

Hence the answer is TRUE.