Requested Remedies Case Study

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Requested Remedies

I am seeking monetary damages in the form of compensatory damages - due to breach of contract - for the loss of potential sales, the recovery of advertising investments, and the difference in product price from my original pay schedule to the present schedule. Due to the defendant’s breach of contract, I have sustained significant losses in potential sales. The defendants unwillingness to provide the product stipulated in the contract has caused the loss of numerous potential sales and resulted in a loss of profit. The Convention of Contracts for the International Sale of Goods (CISG) (1980) section II, Article 74 creates clear rules for the loss of profits within breaches of contract. The article states “Damages for breach
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The case of Tractebel Energy Marketing, Inc. (TEMI) v. AEP Power Marketing, Inc. (AEP) (2007), also sets an important precedents for the U. S. Court of Appeals, Second Circuit’s view on lost profits within breach of contract suits. The Court stated, “[O]nly an award of damages equal to lost profits will put the non-breaching party in the same position he would have occupied had the contract been performed…AEP seeks only…the amount it would have profited” (TEMI v. AEP, 2007). On the precedents of this opinion, I am seeking compensatory damages for lost profits due to the defendant’s breach a contract. The second monetary compensation I am seeking is the recovery of advertising expenses. During the pre-dispute sales interactions, I invested heavily in the advertising of Muscadine grapes. Since the breach of contract my investment in the promotion of this product has devalued significantly. By the guidelines of the Restatement (Second) of Contracts, I have a right to seek remedies in the form of monetary damages for my lost investment in advertising. The Restatement (Second) of Contracts §373 states, “On a breach by non-performance that gives rise to a claim for
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