Reference no: EM133363013
Later that day, Driver emailed the photographer to confirm his reservation. The driver attached a photo of her car to the email, so that the photographer would recognize it when she picked him up. After viewing the photo, the photographer emailed Driver the following:
Thank you for confirming my reservation for next week. However, I am worried by the photo of your car you attached. I am planning to bring some of my photography equipment to my meetings that day, and it doesn't look like the larger equipment will fit in your car. I would prefer an SUV, to be sure that all of my equipment will easily fit in the vehicle.
Driver did not respond to the photographer's email. and did not pick him up at the scheduled time. The hotel's concierge, who knew about the photographer's meeting schedule, immediately offered to arrange substitute transportation that would get the photographer to all his meetings on time. The photographer declined the concierge's offer, and insisted on waiting for Driver and using New City Drivers. After waiting for half an hour outside his hotel, the photographer went back up to his hotel room and emailed Driver:
Where are you? I have already missed my first meeting this morning, and I have five more scheduled throughout the day-including two more before noon.
The driver did not respond until noon:
Sorry, but I thought you canceled the reservation with me so that you could reserve an SUV! I have already accepted another client for today, but I will have my supervisor at New City Drivers call you right now and see whether there is another driver who can get you to your afternoon appointments.
Shortly after, the supervisor called Photographer, who was still in his hotel room, and arranged to send an alternative chauffeur to take him to his afternoon meetings. The photographer attended all three, signing contracts with two of the three clients. The photographer later complained to New City Drivers that he would have made $15,000 profit on each morning appointment had he signed a contract with each potential client. The photographer then sued New City Drivers for breach of contract, seeking only $45,000 in damages arising from the missed morning meetings. Assume a valid contract between New City Drivers and Photographer.
- New City Drivers argues in the alternative that, even if it breached the contract and the photographer's estimate of his damages is accepted by the court, it is not liable for any lost profits resulting from the photographer's missing his morning meetings. What will New City Drivers argue that the photographer should have done? Is this argument likely to succeed? Explain.