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Public Policy - Find Law - Acme Construction

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1.
a. What public policy underlies the doctrine of implied-in-law contracts?
b. Is this a "good" or "bad" policy, in your opinion?

2.
a. Go to http://www.findlaw.com and review the extensive material on contracts. Explain at least 3 ways in which the information contained on this website can assist businesses with issues related to contracts.
b. Provide the specific page link(s) to the Findlaw.com web site that you focused on for your answer to this DQ.

3. ACME Construction Co., a general contractor, requests bids from subcontractors for work to be done on a hospital building that ACME plans to submit a bid to build. Bob's Electrical Company submits the lowest bid for the electrical work, and ACME incorporates Bob's low bid in its own bid for the general contract. What is the most likely outcome if Bob's later decides to withdraw its bid after ACME has incorporated Bob's bid into the general contract, and ACME sues? Who should win and why?

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Solution Summary

This solution discusses business law for Acme Construction and Bob's Electrical.

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1a) Implied in-law contracts

An example of an implied-in-law contract in business would be construction. You hire a contractor to replace your roof. You go on vacation during the time period of the work to be done. The clerk in the contractor's office transposes the address numbers on the work order and word begins on your neighbor's home instead of your home. Your neighbor comes home and sees the roof torn up and asks the contractor what is going on. The contractor shows the work order to the neighbor. The neighbor does not tell the worker he did not order the work and lets the contract finish the job. You come home from vacation and your roof is not done. You call the contractor who states the work was done at 14 main street. You advise that you live at 41 Main Street. The contractor sues the neighbor for the work done and under the doctrine of public policy; the neighbor must pay for the work because the neighbor did indeed know the work was being done and that it was being done by mistake. If the neighbor told the contractor as soon as he realized that the work was being done on the wrong house, the neighbor would not be responsible because he advised the contractor of the error.

1b) Is this a good ...

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