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QVC, Inc. v. MJC America, Ltd.

United States District Court for the Eastern District of Pennsylvania

904 F.Supp. 2d 466 (2012)

Relevant factsFree

QVC (plaintiff) sold thousands of space heaters purchased from MJC (defendant) at a per-unit profit until defects causing smoking, sparking, and flames forced a recall; QVC sued to recover its purchase costs, shipping and return-processing costs, and lost profits on the recalled heaters, all under a purchase order expressly requiring MJC to refund costs and indemnify QVC for losses, including consequential damages, from defective merchandise.

IssueFree

Whether a party may recover consequential damages for any gain it would have realized had its counterparty not breached.

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