R.R. Donnelley & Sons Co. v. Vanguard Transp. Systems, Inc.

United States District Court for the Northern District of Illinois

641 F. Supp. 2d 707 (2009)

Relevant factsFree

Donnelley (plaintiff) hired Vanguard (defendant) for $750 to deliver Macy's sale brochures by December 16, needing them no later than December 21 to be useful; Vanguard repeatedly said it would "attempt" delivery, ultimately failed to deliver by the 21st despite assurances that morning, and an alternate carrier could have completed the delivery for about $250. The brochures arrived on December 27, Macy's refused to pay, and Donnelley sued Vanguard for the full $81,650 brochure cost; Vanguard raised failure to mitigate as an affirmative defense.

IssueFree

Whether the plaintiff's failure to mitigate damages is a bar (or partial bar) to recovery for breach of contract.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

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