Is the answer to this hypo correct?
A sends a package to C via the B Shipping Company. B charges $10 for the service and promises that the package “will absolutely, positively get there overnight.” The package does not arrive on time. As a direct result, A loses a contract that would have earned him $10,000 inprofitsin profits. What can A recover from B? The answer, of course, is $10 (under Hadley).
$10 seems like restitution to me and A is not entitled to restitution here, are they?
Are they not just entitled to expectation damages, which would be close to zero here using the following formula: K price - market price + incidental damages + consequential damages?
Assume that the market price of delivery was $10. Wouldn't A be awarded nominal damages only?
I am wondering if $10 would be the appropriate damages award here however because the breach was material so the nonbreaching party may be entitled to restitution....