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United States v. Spearin, 248 U.S. 132 (1918), also referred to as the Spearin doctrine, is a 1918 United States Supreme Court decision. It remains one of the landmark construction law cases. [1] The owner impliedly warrants the information, plans and specifications which an owner provides to a general contractor. The contractor will not be ...
R v Ron Engineering and Construction (Eastern) Ltd, [1] of 1981 is the leading Supreme Court of Canada decision on the law of tendering for contracts. The case concerned the issue of whether the acceptance of a call for tenders for a construction job could constitute a binding contract. The Court held that indeed in many cases the submission of ...
The case held that standard clauses established by regulations may be considered as being in every Federal contract. Because the FAR is the law, and government contractors are presumed to be familiar with the FAR, a mandatory clause that expresses a significant or deeply ingrained strand of public procurement policy will be incorporated into a ...
The court considered but rejected the submission that the defendants' terms could have amounted to a standing offer that could be accepted by starting the work. Instead, the court decided that no contract had been entered into, and only allowed the claimants to get restitutionary recovery on a quantum meruit basis for the value of the work done ...
This doctrine of the common law came under heavy fire. It was ridiculed by Sir George Jessel in Couldery v Bartram. [1] It was said to be mistaken by Lord Blackburn in Foakes v Beer. [2] It was condemned by the Law Revision Committee (1945 Cmd 5449), paras. 20 and 21 . But a remedy has been found. The harshness of the common law has been relieved.
RE Barnett, The Oxford Introductions to U.S. Law: Contracts (2010). MA Chirelstein, Concepts and Case Analysis in the Law of Contracts (6th edn 2010) EA Farnsworth, Contracts (2008) LL Fuller, MA Eisenberg and MP Gergen Basic Contract Law (9th edn 2013) CL Knapp, NM Crystal and HG Prince, Problems in Contract Law: Cases and Materials (7th edn ...
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