Hydraform v. American Steel
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|Hydraform v. American Steel|
|Court||New Hampshire Supreme Court|
|Citation||498 A.2d 339|
|Date decided||August 16, 1985|
- American Steel & Aluminum Corp. = steel producer = "American" = defendant
- Hydraform Products Corp. = "Hydraform" = plaintiff= manufacturer of steel woodstoves
- In July 1978, Hydraform contracted to buy steel to make 400 (four hundred) stoves from American
- Time was critical in the manufacturing of stoves.
- American's deliveries were late & some steel was defective
- As a result, Hydraform manufactured only 250 stoves--thus losing profits
The jury found in favor of Hydraform in the Superior Court in New Hampshire.
Are consequential damages only recoverable if they're reasonably foreseeable, ascertainable, & un-avoidable?
Yes. A party can only recover consequential damages if the damages are reasonably foreseeable, ascertainable, & un-avoidable.
Reversed the amount of consequential damages. The jury's award of damages needs to be reduced