The defendant countered that it should only be liable for


The case of Kerr S. S. Co. v. Radio Corp. of America (245 N.Y. 284, 157 N.E. 140, 1927) concerned a message sent by the plaintiff to its affiliate in the Philippines regarding the loading of a ship with cargo. The message was sent in code to prevent its competitors from reading it. The defendant, however, negligently failed to send the message, costing the plaintiff nearly $7,000, which it sought in damages. The defendant countered that it should only be liable for $27, the cost of sending the message. Under what conditions, if any, should the plaintiff recover the $7,000? What case should the court invoke as precedent in making its decision?

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Econometrics: The defendant countered that it should only be liable for
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