L5M3 practice question 11 of 25

John is a chocolatier and has a big order of Easter Eggs coming up in April. He also creates chocolates to sell all year round in his shop, but…

Full set: 120 questions
John is a chocolatier and has a big order of Easter Eggs coming up in April. He also creates chocolates to sell all year round in his shop, but Easter Eggs represent a large proportion of his profits each year. John's chocolate making machine has just broken and he has ordered a new one to be delivered in February. However due to a delay, the manufacturer of the new machine can't deliver until May. What course of action can John take?
Answer options
A: John can claim for loss of his regular earnings but not for the easter eggs
B: John can claim for the loss of the Easter Eggs but not his regular earnings
C: John can claim for both the loss of the Easter Eggs and his regular earnings Correct answer
D: John cannot claim for any loss as these are in the future and he doesn't know what these would be
Correct Answer:
C. John can claim for both the loss of the Easter Eggs and his regular earnings
Explanation

3 is the correct answer. This question is testing your understanding of 'consequential loss' which is explained on p.109. Consequential loss is where you can claim damages for incidental loss (loss that isn't a direct cause of the breach of the contract, such as future earnings). In this scenario the breach is the late delivery and the incidental damage is John not being able to sell any chocolate in his shop or make his Easter Eggs. There are questions like this in the real exam- remember to think what the textbook would say and don't overthink this. The scenario doesn't always give you a lot of information (for example this doesn't say if there is a contract in place) so think- which of these four options is the most logical and what is this question trying to test me on.

Scroll to Top