Legal Question in Business Law in California

Re: Promise Made

Not sure. Would have to review the sale/purchase documents. You can probably return the pump. But, getting recovery for the lost job is another thing. If you had written guarantees clearly outlining the need for the pump to be delivered and penalties for failure to deliver on time, then, I would say you have a chance. But, if you made verbal commitments, then, it is your word against theirs and no way you can really prove it. Good luck and thanks for inquiring.

Re: Promise Made

This question should have been rejected because it identifies parties to a dispute. However, since an answer has already been given, I might add that the $5,000 you seek comes under the heading of "consequential damages" and you might want to try a Google search under that phrase or under "Hadley Baxendale" for the famous English case of Hadley v. Baxendale, upon which our modern law of consequential damages for breach of contract is largely based.

Re: Promise Made

You could bring a small claims court for yoru lost profits, but be sure to have complete documentation for these. Please contact our office if you want further consultation. 714 363 0220

Re: Promise Made

Thank you for your posting and your inquiry.

If you informed that the pump must arrive by Tuesday or you would lose a $5,000 contract, AND if the opposing party acknowledged this, agreed to it, and promised you that it would be to you before Tuesday (this is crucial), then you would have a case against the opposing party.

I suspect that this discussion was oral, and that the supply company is going to deny that this was said or that they agreed to it, and they may push this over to you as your responsibility, or even blame some third party, such as a shipping company.

You could sue, and based upon your statement, it sounds as though you do have a case. The level of witnesses, documents, and other evidence showing agreement to these terms, really, is what will control how STRONG of a case you have.

I hope that this information helps you, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to