Week 3 - Trinidad Bean v Frosh Discussion - week 3 Group 3

Trinidad Bean (plaintiff) v. Frost (defendant) was brought to the Nebraska Court of Appeals after Frosh failed to deliver navy beans to Trinidad Bean in October of 1988. The parties entered into a contract in April of 1988 and Frosh recognized almost immediately that he was not going to be able to fulfill his end of the deal, due to drought. He expressed this concern to Trinidad Bean on May 1st, and breached contract. He made two additional attempts to ensure that Trinidad knew the contract would not be fulfilled.

When the beans were not delivered, in October of 1988, Trinidad Bean filed suit against Frosh, claiming that, because he failed to deliver, he should be responsible for the expectation costs of due to the breach of contract. By October of 1988, the market price of navy beans had more than doubled. 

The court ruled against Trinidad Bean. According to section 2-713 (1) of the UCC, “the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price.” Frosh is not responsible for covering the increased market price of the beans due to Trinidad Bean's failure to secure another source at the time of repudiation.