The Hadleys ran a flourmill in Gloucester. The crankshaft attached to the steam engine in the mill broke, causing the mill to shut down. The shaft had to be sent to a foundry located in Greenwich so that the new shaft could be made to fit the other parts of the engine. Baxendale was a common carrier that transported the shaft from Gloucester to Greenwich. The freight charges were collected and
Baxendale promised to deliver the shaft the following day. It was not delivered for a number of days, however, and as a result, the mill was closed for those days. What will be the critical issue in determining whether the Hadleys may recover their lost profits for the time the mill was closed?
a. If the damages were reasonably foreseeable by the defendant as a result of the breach and if they can be established with a reasonable degree of certainty
b. If Baxendale committed a tort in breaching the contract
c. If restitution would be not be an appropriate equitable remedy
d. If the special damages were greater than the general damage
A
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Fill in the blank(s) with the appropriate word(s).
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