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A party failed to deliver as promised and the nonbreaching party incurred substitute-performance costs. The requested remedy would protect one party but impose a substantial burden on another party who had notice of the risk. The opponent argues that the remedy is categorically unavailable.
How should the court, tribunal, or decision maker resolve the dispute? Discuss the strongest arguments for each side, state the controlling rule for contract remedies, apply it to the material facts, and explain the likely remedy or consequence.