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Lecture 5

Lecture 5 law (3).docx

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General Engineering
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GNG 4170 Feb 142010lecture 5 not including first dayChinook AggregatesDoing work for tender including the sentence M may not select lowest bidmay not select any bidderFound liable and had to pay damagesWhat that quote meansM may not select lowest bidthis bid wont be determined solely by pricemay not select any bidderif none of the bidders qualify the criteriaSo it says if none of the bidders qualified then they are not required to pick oneIf no one was qualified the municipality isnt forced to chooseContract A is binding on the owner as wellMunicipality was thinking they would prefer that a local would winIf a nonlocal winner wins according to the qualify bid theyll give it to the localA nonlocal should have won but a local fell in that range so they gave it to the local winnerThe municipaity was sued by the nonlocalThey were suing for the loss of profitsThe court found that it was an implied term of contract A if the owner had said otherwise all of the bidders are to be treated equally and fairlyIn contract law it is fine if you say everything specific however if you dont then all the bidders have to be treated equally and fairlyTherefore the court found it was breach so the nonlocal won the profits it would have wonThe end of a contract4 ways it can come to an end1The job is done Performance When both parties have performed fully under the contract it disappears Basically when its done2By agreementaWhen the parties are in an indeterminate contract a contract that doesnt have a fixed ending and the parties can agree to when the contract come to an endA mutual promise that both agree nothing further to be done
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