Premium Essay

Critical Thinking Cases Busn 420

In: Business and Management

Submitted By sbrown70
Words 748
Pages 3
BUSN 420
Chapter-End Critical Thinking Cases
Professor Mitchell Levin
DeVry University
August 8, 2015

16.1 Specific Performance
Can C&H recover the liquidated damages from Sun Ship? Yes C&H can recover liquidated damages from Sun Ship. C&H had contracted with Sun Ship to deliver a barge on June 30, 1981 they also went under contract with Halter to deliver the tug on April 30, 1981 to the ship yard of Sun Ship. Both entities breached their contract as they failed to deliver by the dates in the contract. Halter completed the tug July 15, 1982 and Sun Ship completed the barge March 16, 1982 and delivery to C&H was in July 1982 they were both more than a year late on the contracted agreement.
By having the force majeure Sun would have been entitled to an extension however they were still late and it seems as if there was a lack of good communication between the two contractors. C&H received the $17,000 per day that was agreed upon as liquidated damages this totaled $3,298,000 but it was also determined that they were entitled to $1,105,000 more less the setoffs determined by the district court (
C&H went into contract in good faith with Sun Ship and there was a reasonable amount of time to produce and deliver the barge. Sun Ship wanted to blame Halter for the delay but they were both equally responsible for the delays that occurred and should in fact have to pay the liquidated damages since the contract explicitly stated the delivery was to occur on June 30,1981 and the delivery was actual one year late. With this delay business was disrupted to the extent that additional resources were required to be used which means paying money to other entities to carry out the shipping of the sugar so there was no waste incurred.
C&H was successful in presenting their case and being found entitled to damages however not in the sum...

Similar Documents

Free Essay

Harley Davidson

...BUSN 420 Business Driven Technology Final Project Submit a 2,000-word written case analysis of one of the three cases from the textbook listed below. Each case covers different areas of this course so that you can spend your time on this assignment further researching the set of topics that most interest you and/or will be most beneficial in your future career. Be sure to address all the questions for your chosen case and demonstrate five or more theories or principles learned in this course as a part of your case analysis. Your paper must be written in APA format with a proper title page and reference list that cites at least 5 scholarly sources. Please do not simply record answers to the questions, rather synthesize your responses into a cohesive case study analysis. Please upload your final project paper to Blackboard through the Assignment Manager tool. The 2,000-word count does not include charts, graphs, title page or supporting appendices. I will be using the Final Project Rubric (see end of this assignment) to grade your case analysis. Please Note: There are few right or wrong answers in the business world. There are really only efficient and inefficient, and effective and ineffective business decisions. If there were always right answers businesses would never fail. These questions were created to challenge you to apply the materials you have learned to real business situations. For this reason, when grading your answers, I will be focusing on your justification......

Words: 2791 - Pages: 12

Premium Essay

No Paper to Upload

...REGENT UNIVERSITY COLLEGE OF ARTS & SCIENCES UNDERGRADUATE CATALOG 2013-2014 (Fall 2013-Summer 2014) Regent University 1000 Regent University Drive Virginia Beach, VA 23464-9800 800.373.5504 PREFACE Regional Accreditation Regent University is accredited by the Southern Association of Colleges and Schools Commission on Colleges to award associates, baccalaureate, masters, and doctorate degrees. Contact the Commission on Colleges at 1866 Southern Lane, Decatur, Georgia 30033-4097 or call 404-679-4500 for questions about the accreditation of Regent University. National and State Accreditation Regent University’s undergraduate school is accredited or certified by the following bodies:   Council for Higher Education Accreditation (CHEA) ( The Teacher Education Accreditation Council (TEAC) The Regent University School of Education's educational leadership and teacher preparation programs and the College of Arts & Sciences interdisciplinary studies program, which are designed to prepare competent, caring, and qualified professional educators are accredited by the Teacher Education Accreditation Council for a period of seven years, from January 9, 2009 to January 9, 2016. This accreditation certifies that the educational leadership, teacher preparation and interdisciplinary studies programs have provided evidence that they adhere to TEAC's quality principles. Teacher Educational Accreditation Council, One Dupont Circle,......

Words: 74326 - Pages: 298