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Unformatted text preview: used showing a partial performance, detrimental reliance or both for this case. The judge should award a reasonable amount of goods and services to the party that had performed. IBM might even state that they did not sign anything or create an actual written contract between the two companies and that IBM did not specifically state when they were to purchase the plastic capacitators or if they were ever going to purchase these plastic capacitators. ASC could also argue that the statement by IBM was not clear to ASC and that a partial performance should be awarded. It would be fair for ASC to be awarded a partial proportion of goods or services which equal to the amount of partial performance by this party. If the award is smaller than what ASC had previously asked for, it would be more negotiable with IBM than the cost of the damages beforehand....
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- Spring '08