Quote:
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Originally Posted by MLeake
Tom Servo, I am not an attorney, but I would think the approach would be:
I could have bought elsewhere for $900.
Dick's only wanted $850, so I bought from them, not the other seller.
Dick's took my money; a contract was made.
Now, Dick's has refunded my money, but breached the contract; other sources now cost $1300. Dick's breach cost me $400, so I want $400 plus court costs.
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That seems a correct analysis except for the last part. If Dick's had a contract to provide specific items, I would say that Dick's owes either the item or the full market price for the item whenever this matter is resolved.
If this were to resolve one year from now and that $900 item has risen to $9000, $400 would not be a sufficient remedy. On the other hand, if this blows over and the market is awash in $700 ARs, there arguably is no damage.