Friday, August 23, 2019
Contract Law. Case study. Analysis Study Example | Topics and Well Written Essays - 500 words
Contract Law. . Analysis - Case Study Example When the offeree made a counter-offer, the original offeror must communicate his acceptance to the counter offer in order for an enforceable contract to exist. "An invitation to bid on a public contract is not an offer to contract but a solicitation for an offerThe contractor's bid is the offer to contractTo form a contract, the parties must mutually assent to the agreementIn looking for mutual assent, we do not consider the parties' subjective intent, instead, we ascertain intent from the objective manifestations, the parties statement and conduct." In the said case, a contractor that bid on a public construction project sought damages from the public agency after the contract was awarded to another bidder. The Court held that an enforceable oral contract was not formed when the agency voted to award the contract to the contractor or when it informed the contractor he had been awarded the contract. Applying the rules of law, the award of bid is not considered an enforceable contract because it was not reduced into writing which is a requirement under the Statute of Frauds.
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