To your first point, I was able to use a tape measure and Sketchup to get within ~1% of their expert's volume measurements...before we got their expert's measurements.
As for your second point, compliance is an important part of it, but so is commercial reasonableness, because the standard is "honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade." If a jury says the company was dishonest in fact or failed to observe reasonable commercial standards of fair dealing in the trade, then they breached the contract. So, it seems like they need to show that the undersized dumpsters are standard within the trade. But if they identify the location of other undersized dumpsters--potentially in much larger markets--then they potentially open themselves up to liability in those places too. What a dilemma.
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