12 May CAN THE MANUFACTURER ASSERT ANY DEFENSES THAT MIGHT LOWER THE AWARD BILL WON IN COURT?
A national heavy equipment manufacturer delivers a new tractor to Bill the Farmer on the first day of Bills harvest season. When Bill attempts to start harvesting the tractor will not start. It takes one-week for parts to be delivered and installed. The parts were wrong, it takes one more week for the correct parts to be delivered and installed. Art performed the repair both times. The repair bill comes to $1,000. During the two weeks, several acres of Bill the Farmers crops are lost to a plague of locusts. Bill the Farmer sues the equipment manufacturer. Bill argues in court that his lost profit on those acres is $45,000. The jury awards the full $1,000 for the tractor repairs, and $45,000 for the lost crops. Identify the two types of awards. Is it fair that Farmer Ted receives 45 times the value of the repair bill for his lost crops? Can the manufacturer assert any defenses that might lower the award Bill won in court?A national heavy equipment manufacturer delivers a new tractor to Bill the Farmer on the first day of Bills harvest season. When Bill attempts to start harvesting the tractor will not start. It takes one-week for parts to be delivered and installed. The parts were wrong, it takes one more week for the correct parts to be delivered and installed. Art performed the repair both times. The repair bill comes to $1,000. During the two weeks, several acres of Bill the Farmers crops are lost to a plague of locusts. Bill the Farmer sues the equipment manufacturer. Bill argues in court that his lost profit on those acres is $45,000. The jury awards the full $1,000 for the tractor repairs, and $45,000 for the lost crops. Identify the two types of awards. Is it fair that Farmer Ted receives 45 times the value of the repair bill for his lost crops? Can the manufacturer assert any defenses that might lower the award Bill won in court?
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