Legal Question in Business Law in Illinois

breach of services contract

Mr. A is subcontracted to provide a service to Mr. B as part of a larger entertainment service for Mrs. C on a specific date, time, and location. Mr. A delivers the specified equipment, sets up, etc. on time but the specified sound equipment does not function by the deadline, through the fault of Mr. A. Mr. B. does not pay Mr. A. Mrs. C wants a refund from Mr. B. Mr. A and Mrs. C have no contract with each other. Can Mr. B sue Mr. A for additional damages beyond the amount agreed upon between A and B?


Asked on 11/26/03, 7:33 pm

1 Answer from Attorneys

John Pembroke John J. Pembroke & Associates LLC

Re: breach of services contract

If Mr. B sues Mr. A. for damages, he may recover more than the contract amount, provided that the damages sought were foreseeable by Mr. A, and that the contract didn't lawfully limit damages. Foreseeablity has been an issue for hundreds of years, and I have had only one occasion to argue it (sucessfully, I might add) in the 7th Circuit. It's generally a tough and expensive argument to make.

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Answered on 11/28/03, 11:10 am


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