StudentShare solutions
Triangle menu

Delchi Carrier, SpA v. Rotorex Corp - Case Study Example

Not dowloaded yet

Extract of sample
Delchi Carrier, SpA v. Rotorex Corp

The lower court, through Judge Munson who replaced Judge Cholakis, granted Delchi's motion for partial summary judgment, holding Rotorex liable to Delchi for $1,248.331.81 as consequential damages mainly for the lost of profits. The lower court denied Delchi's claim for damages for incidental and inconsequential damages or out-of-pocket expenses.
On appeal to the United States Court of Appeals (USCA), Rotorex argued that it did not breach the agreement, Delchi is not entitled to payment of lost profits, and the calculation of the number of lost sale is improper. Delchi, on the other hand, filed a cross-appeal to the USCA claiming that it is entitled to payment of the additional expenses it incurred because of the breach.
Article 35 of the CISG, which is the applicable law in this case, provides that "the seller must deliver goods which are of quantity, quality and description required by the contract; the goods do not conform with the contract unless they possess the qualities of goods which the seller has held out to the buyer".
The United States Court of Appeals affirmed the decision of the lower court holding Rotorex liable for breach of contract. ...Show more

Summary

On January 1988, Rotorex Corp. (Rotorex) of New York agreed to sell compressors to Delchi Carrier, SpA (Delchi) of Italy for use in Delchi's portable air conditioners that will go on sale in the spring and summer of 1988. However, the delivered compressors by Rotorex were not according to the original sample and agreed performance specifications…
Author : lillalarkin
Delchi Carrier, SpA v. Rotorex Corp essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the case study on your topic
"Delchi Carrier, SpA v. Rotorex Corp"
with a personal 20% discount.
Grab the best paper

Related Essays

Begay v. United States
Begay entered a guilty plea to a federal charge for illegal possession of firearm in contravention of The Armed Career Criminal Act, ACCA (1984), which prescribes a mandatory 15-year jail term for all convicted felons, found to unlawfully bear firearms. Begay had initially been charged and convicted 12 times for driving under influence (DUI), which in the jurisdiction of New Mexico laws is a felony punishable by a prison term in excess of 1 year from the fourth and subsequent commissions.
3 pages (750 words) Case Study
Management Case Study on Sara Lee Corp
Post 2005, Sara Lee adopted an organizational renewal strategic direction which was pursued through a retrenchment strategy. The retrenchment strategy enabled Sara Lee enhance the relatedness of its business portfolio into a more compact six-division structure built around product similarities, customer types and geographic regions (Thompson & Gamble, 2010).
4 pages (1000 words) Case Study
Report on International Business Machines Corp (IBM)
IBM-Indiana did manage to achieve cost savings of US$ 3.2 million in the year that it was implemented and $5 million a year each year afterward (Martin, 2004). However, while IBM-Indiana succeeded in its cost saving objective two issues arose. These issues are manifested as the key problems that IBMers at Indiana experienced during the implementation phase of the telecommuting project.
6 pages (1500 words) Case Study
United States v. Wade
United States v. Wade Two weeks after his arrest, Wade was placed in a line up with other similar looking men where the two employees who were present during the robbery positively identified Wade as one of the perpetrators. The witness identification procedure was undertaken by the FBI without considering the need of the accused to have legal counsel present.
4 pages (1000 words) Case Study
Case study-Intel Corp
For instance, digital communication technology is used for communication among the employees as well as the clients. This same technology is also used for processing information within the operations of the organization. The key IT objectives for Intel are mainly concerned with improving efficiency in the way employees perform their tasks.
6 pages (1500 words) Case Study
Scott v. Sanford
Army surgeon Dr. John Emerson. He traveled with him from camp to camp and spent a length of time living with his master in certain slave free states such as Illinois and Wisconsin. During this time, the slave owner made money off
2 pages (500 words) Case Study
Costco warehouse corp in 2012
However, since its inception Costco has been experiencing increasing profits thanks to its good management strategies. The good business strategies helped the company to grow from zero to $3 billion sales within a period of less than 3 years (Costco US). It is
6 pages (1500 words) Case Study
Wolf v. Colorado & Terry v. Ohio Case
takes into consideration state search and seizure practices at the time of the Fourth Amendment’s enactment and current state practices.In this regard when interpreting the Fourth Amendment,the court in defining the scope of Federal protection both trusts and mistrusts modern
2 pages (500 words) Case Study
Smith v Firstbank Corp. Legal and Regulatory Issues
The plaintiffs defaulted and after several considerations, the defendant disposed of the shares through two separate sales. The price per share in the two sales was lower than the closing price on the New York Stock Exchange for Sparton Corporation stock.
1 pages (250 words) Case Study
Barilla SpA Case Study
Today, the company is said to suffer a lot in the supply chain largely due to its variability. This paper will be looking at some of the most important issues in the operations of Barilla and more so in terms of the variability in the company.
2 pages (500 words) Case Study
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT