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Jetpac Group, Ltd. v. Bostek, Inc.

United States District Court for the District of Massachusetts

942 F. Supp. 716 (1996)

Relevant factsFree

A Canadian company, Natashquan, agreed to sell 3,000 computers to a Russian cooperative, Harmony, and hired Jetpac (plaintiff), a Louisiana company that typically sold food, to help supply the order after Jetpac responded to Natashquan's ad. Jetpac in turn contracted with Bostek (defendant) to produce a 100-computer trial run to prove Jetpac could satisfy the larger 3,000-unit order. When the trial-run computers arrived defective, Natashquan and Jetpac rushed replacements, but Harmony remained dissatisfied and refused to either pay in full for the 100 computers or proceed with the remaining 2,700-unit order. Jetpac sued Bostek for damages, including its lost profits from the larger deal falling through.

IssueFree

Whether, if a seller breaches its warranty knowing of a buyer's particular need, the buyer may recover consequential damages — including lost-profit damages — resulting from that need not being met.

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