Frieda is a landscape architect and does absolutely beautiful work. She does commercial as well as residential work. Sydney contracts with
Frieda to landscape her brand new 30,000 square foot mansion. The contract includes all of the flowers, bushes, shrubs, and trees worth
$150,000; two marble water features worth $75,000, having been imported from Italy; two pergolas and one gazebo, all costing $25,000. Labor
for the landscaping will total $40,000 and Frieda's fee is an additional $25,000.
Problems begin to occur nearly as soon as the contract is signed and Sydney paid Frieda the $45,000 deposit. First of all, two hundred azalea
bushes arrived; both Sydney and Frieda inspected them and found them to be in perfect condition...well, almost. After they were planted and
bloomed a month later, they turned out to be red azaleas. Sydney specifically wanted pink ones and stated so in the contract.
The water features, though beautiful marble and meeting every specification, turned out to have come from a French marble pit, not an Italian
one, though the French minimum site was owned by an Italian company and ultimate seller. Frieda had accepted the shipment of the original
Italian ones but when they proved to be defected, she told Sydney, and Frieda replaced them with the French marble; she did not tell
Sydney of the "French connection."
Finally, in the middle of the construction, the new water line laid by the city for the new house burst (nothing to do with anything Frieda was
doing); the resulting yard flood delayed Frieda's work by two weeks. Though she finished a week early, due to the flood, the yard was not done
in time for Sydney's fundraising garden party for the "Preservation of Rich People's Gardens," a non-profit charity. The cancellation deprived
the charity of nearly $20,000 in donations.
Sydney inspected the azaleas and accepted them. As such, she has no recourse but to accept the red ones and move on with her life.
Because the original marble was defective, Frieda effected a cure with Sydney's approval. However, the issue is if an Italian company
shipping French marble is an adequate for "Italian marble water features."??
The charity decides to sue Frieda for its loss of $20,000 in donations. The charity argues that this is a foreseeable and consequential
damage of Frieda's breach, the failure to get the job done on time.
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