Cengage Advantage Books: Business Law 13th Edition by Roger LeRoy Miller

Exercise 6

Breach and Damages. Utility Systems of America, Inc., was doing roadwork when Chad DeRosier, a nearby landowner, asked Utility to dump 1,500 cubic yards of fill onto his property. Utility agreed but exceeded DeRosier's request by dumping 6,500 cubic yards. Utility offered to remove the extra fill for $9,500. DeRosier paid a different contractor $46,629 to remove the fill and do certain other work. He then filed a suit against Utility. Because Utility charged nothing for the fill, was there a breach of contract? If so, would the damages be greater than $9,500? Could consequential damages be justified? Discuss. [DeRosier v. Utility Systems of America, Inc., 780 N.W.2d 1 (Minn.App. 2010)]