Cameron Hartman 12/08/09 Seat #59 BOC GROUP, INC. v. CHEVRON CHEMICAL COMPANY, LLC Facts: The plaintiff contracted with the defendant to deliver liquid nitrogen to ensure adequate safety measures for defendants’ plant. Plaintiff repeatedly failed (21 times) to deliver the liquid nitrogen on time, which dropped the liquid nitrogen level to dangerously low levels in defendant’s plant. The contract had a provision stating that if plaintiff breached its contract with defendant, the only remedy at hand would be for the defendant to purchase the product from another supplier and for the plaintiff to reimburse for the additional expenses incurred. Instead of abiding by the contract’s provisions, defendant terminated plaintiff’s services. Plaintiff then sued defendant for breach of contract; defendant thusly counterclaimed. History: The law division granted plaintiff’s motion for judgment on liability; a damages trial before a jury awarded judgment to the plaintiff in the amount of $1,200,000. Issue: Did the defendant have the right to terminate the contract under the given
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