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Contracts Keyed to Summers
Pier 1 Cruise Experts v. Revelex Corp.
Citation:
929 F.3d 1334Facts
Pier 1 Cruise Experts (“Pier 1”) (plaintiff) was a Brazilian travel agency that allowed customers to book cruises online and offline. Pier 1 contracted with Revelex Corporation (“Revelex”) (defendant) for the delivery of software to enhance its booking capabilities. Revelex never delivered the software and Pier 1 sued Revelex for breach of contract. At trial, Pier 1’s financial manager, Mariana Peres, projected that Pier 1 would have doubled the number of cruises sold online with Revelex’s software and that Pier 1’s expenses would increase by ten percent. Revelex objected to the financial manager’s testimony on the ground that she was a lay witness attempting to offer expert witness testimony. The court declined to award Pier 1 damages for lost profits due to Revelex’s failure to deliver the software.
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