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At the start of a new project, Do Right (DR) Construction sent a series of five draft contracts to The Bidwell Group in which Bidwell
At the start of a new project, Do Right (DR) Construction sent a series of five draft contracts to The Bidwell Group in which Bidwell was listed as the contracting party. While none of the contracts ended up being signed, DR Construction began work on the new project. When DR Construction completed its work in accordance with the terms of the draft contract and sought final payment, Bidwell Group did not pay the final invoice, despite having paid previous payment requests while the project was still underway. DR Construction sued for breach of implied-in-fact contract and The Bidwell Group asserted that there was no contract. Using the IRAC framework: identify the issue, name the rule(s), analyze whether the 5 elements of negligence were met, and determine what the conclusion would be (what would the court decide).
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Issue The main issue is whether an impliedinfact contract existed between DR Construction and The Bidwell Group based on the series of five draft cont...Get Instant Access to Expert-Tailored Solutions
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