The DUNN Steamship Corporation delivered to Radio Corp of America (RCA) a 29 word coded message to be sent to DUNN’s agent in Manila. The message included instructions on loading cargo on to one of DUNN’s vessels. DUNN’s profits on the carriage of the cargo were to be $10,000. RCA mislaid the coded message and it was never sent. DUNN is now suing RCA for damages because of this breach and contends that RCA is liable for compensatory, consequential and punitive damages. RCA disagrees. DUNN and RCA have done business in the past. Discuss what damages, if any, can be recovered by DUNN.

Briefly summarize the facts of the case - restating the facts in a clear and concise manner (You must understand the facts of a case before you can attempt to resolve it)

Identify the major issue(s) that flow from the facts (Legal issue). Sometimes this process indicates the various avenues of litigation open to the plaintiff. For instance the issues identified can suggest that both Negligence and Strict Liability may be pursued.

Identify the elements of each issue (Determine the relevant elements of each issue. For instance Negligence has: Existence of Duty of care, Breach of that Duty, Proof of Injury and Causation or Proximate Cause).

Discuss the elements of each issue as they apply to the case.

Apply the relevant law (Make a decision based on the relevant law).

Cite a supporting case (As this is common law, briefly state the facts of the supporting case and show how it can serve as a precedent to your case problem).