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Sterling, Inc. is a manufacturer of state-of-the-art computers. For the past ten years, Sterling has acquired all of its microchips from NoBugs Corporation, the only producer of chips meeting...

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Sterling, Inc. is a manufacturer of state-of-the-art computers. For the past ten years, Sterling has acquired all of its microchips from NoBugs Corporation, the only producer of chips meeting Sterling's high specifications. The relationship has been mutually profitable. Sterling could not have built its reputation as an industry leader without NoBugs's reliable and consistently high-quality products; Sterling's business has enabled NoBugs to grow rapidly while providing its investors with an attractive rate of return.

Some months ago, several of Sterling's computers exploded shortly after installation. Upon investigation, Sterling discovered that tiny imperfections in NoBugs's microchips had aggravated a dormant design defect in the computers, causing the explosions. Analysis of the chips indicated that they wereindeed below specifications and that the imperfec­tions were caused by a slight miscalibration of NoBugs's encoding equipment. NoBugs recalibrated the equipment and promptly resumed production of perfect chips.
Sterling's losses from the explosions—lost profits, out-of-pocket costs associated with compensating customers for the explosions, and injury to business reputation—are estimated to exceed $20 million. Sterling andNoBugs disagree on the amount of the loss for which NoBugs should be responsible. Sterling has a strong legal case for breach of contract against NoBugs. Sterling'sCEO is considering a lawsuit. She asks you to prepare a report discussing litigation strategy and the advantages and disadvantages of litigation; and discussing pretrial planning should the company opt for litigation. Draft that report.

Answered Same Day Dec 23, 2021

Solution

David answered on Dec 23 2021
116 Votes
Sterling Inc. vs NoBugs Corporation
Sterling Inc. had gained high repute in market by having strategic business relation with NoBugs
Corporation. It’s state of the art computer manufacturing business has been highly supported by
the consistently high quality microchips of the NoBugs. As NoBugs was the only supplier who
was able to meet with the Sterling’s high specifications, thus both of the companies remain in
contract for more than ten years. Mutually agreed business terms proved to be rewarding for both
of them, where each has earned revenue with attractive rate of return. Sterling Inc. and NoBugs
Corporation, both has agreed to enter into contract, on mutually beneficial business terms, where
NoBugs was responsible for providing high quality microchips, with no defects and Sterling Inc.
will help it in achieving high business growth.
Overall business of both the companies was running smoothly from past ten years, but
few months ago Steling’s business started facing trouble because of the growing cases of
explosion in the computers manufactured by Sterling Inc. Comprehensive investigation of the
cases has revealed the fact that defect...
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