Bloor v. Falstaff Brewing Corp.
United States Court of Appeals for the Second Circuit
601 F.2d 609 (1979)
Bloor (plaintiff) filed suit to recover from Falstaff Brewing Corp. (defendant) for breach of a contract. Under the contract Falstaff bought the Ballantine brewing labels, trademarks, accounts receivable, distribution systems, and other property except the brewery for $4 million plus a $.50 royalty on each barrel of the Ballantine brands sold between April 1972 and March 1978. The issues on appeal dealt with two clauses in the contract: in the first Falstaff promised to “use its best efforts to promote and maintain a high volume of sales” and in the second, a liquidated damages clause, in which Falstaff promised to pay a cash sum to Bloor should Falstaff “substantially [discontinue] the distribution of beer under the brand name ‘Ballantine’” during the period April 1972 to March 1978. Falstaff discontinued certain illegal advertising methods and out of financial necessity substantially reduced the production budget of the Ballantine brand. Bloor claimed that Falstaff had breached the best efforts clause and that its default amounted to the substantial discontinuance that would trigger the liquidated damage clause. The court below found for Bloor on the breach of the best efforts clause but dismissed the claim for liquidated damages.
Rule of Law
Holding and Reasoning (Friendly, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 171,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.