CASE 8-4--AUSTIN INSTRUMENT, INC. v. LORAL CORPORATION

Summary of the Facts. In July of 1965, Loral was awarded a $6,000,000 slim by the navy blue for the production of radio detection and ranging sets. The contract contained a agenda of deliveries, a liquidated damages clause applying to late deliveries and a cancellation clause in case of indifference by Loral. The latter thereupon solicited bids for whatsoever 40 precision shifttrain components needed to produce the radiolocation sets, and awarded capital of the United States of Texas a job to supply 23 such part. That political party commenced delivery in early 1966. In May 1966, Loral was awarded a second Navy contract for the production of more radar sets and again went ab kayoed soliciting bids. capital of Texas bid on all in all 40 gear components but, on July 15, a representative from Loral intercommunicate capital of Texass president that his company would be awarded the rent away only for those items on which it was low bidder. The capital of Texas incumb ent refused to take for granted an order for less than all 40 of the gear depart and on the next day he told Loral that capital of Texas would release deliveries of the move due low the existing rent out unless Loral consented to substantial increases in the process provided for by that agreement--both retroactively for move already delivered and prospectively on those not yet shipped--and placed with Austin the order for all 40 parts needed to a lower place Lorals second Navy contract.

Shortly thereafter, Austin stopped delivery. after contacting 10 manufactures of precision gears and finding none who coul d produce the parts in time to meet its comm! itments to the Navy, Loral acceded to Austins demands by sending a letter dated July 22. Loral thereupon consented to the price increases insisted upon by Austin under the first subcontract and the latter was awarded a second subcontract making it the supplier of all 40 gear parts for Lorals second contract with the Navy. If you want to adhere a exuberant essay, order it on our website: OrderCustomPaper.com

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