Case on Law of Quantum Meruit

1. Assume Over-land could service the contract with existing equipment. Use Exhibit 1 to identify the relevant costs concerning the acceptance of FHP’s request to add two additional loads per week. Which costs are not relevant? Why?

Judgement/Disposition: Yes, the order of the Appellate Division that invalidated the ESDC’s determination was reversed, with costs, and the petitions were dismissed.

The Court ruled in favor of the appellant, and the decision is described as follows:

In order to advise Billy in whether he is entitled to the extra $20,000 and a share in the farm, the key facts and relevant issues must be examined to determine if the elements of a legally binding contract exists. Whether there was an agreement and intention to create legal relations between the two will be used to determine whether Choy has breached a contract between the two. If a contract is found to

B. However these promotions and ideas were only a cover-up of that the “governor got them to sign a deed for their land without their knowledge”. The chief’s considerer it out of consideration to that it was not in their power to do any such thing without consent from other nations.

favor. The case had yet again been appealed, and this time the Supreme Court is

2. Due to the circumstances of the contract (that it be for sale of land) specific performance will be awarded.

After the trial court had dismissed the case along with affirmation from the 10th Circuit Court, the U.S Supreme Court reversed and remanded it to the court of appeals. During the decision process,

Codelfa Construction (Plaintiff) had a contract with State Rail Authority NSW (Defendant) to excavate the tunnels for the railway in New South Wales. The contract agreed to complete the work in assured dates and finish it within 130 weeks, to finish work Codelfa were suppose to work three shifts a day and 7 days a week; initially Codelfa Construction was working accordingly. The work was to dig a tunnel so offcourse it was very noisy and caused some vibrations which were annoying to the surrounding residents which led to application quite a few application of nuisance and after a while Codelfa Construction had an injunction where they were forced to reduce the work hours by two shifts a day and not working on Sundays. The problem started here as the working hours were reduced so Codelfa Constructions was not able to finish the work in the set period of time which was given according to the contract therefore Codelfa Construction’s budget did exceed than mentioned in the contract and they needed more time to finish the work.

7. What clauses provide for the administrative settlement of contractor claims that arise from delays and interruptions in the contract work caused by the acts, or failures to act, of the contracting officer? When should these clauses be used?

ISSUES -- Does the plaintiff deserved to be heard at a trial by a jury? Did the trial court acted righteously by dismissing the case in pretrial hearing? Did this decision damaged the plaintiff?

What did the appellate court rule? Did it agree with the trial court (affirm) or disagree (reverse)?

The error was obvious and can be proven as the owner forgot unintentionally to “insert the number of weeks specified by the tender in the appropriate blank.” The contractor asked to be given the opportunity to show to the court and to the owner his estimate.

5. Ms. Woodside has stated that a farmer has approached her about taking over the mortgage payments for Doyle Contractors and receiving title to the land. Explain the contract principle(s) that would apply to such an arrangement, whether it would need to be in writing and whether you would need approval from Doyle Contractors.

Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.