Question
I'm having a hard time understanding consideration and lack of consideration in my Contracts class. Can you please explain to me the answer to the
I'm having a hard time understanding consideration and lack of consideration in my Contracts class. Can you please explain to me the answer to the following scenario-I'm really stuck!
Scenario:
Edward Woodward is the owner of a large smelting operation in Metropolis. On August 7, Woodward entered into a written contract with Peter Rogers, a general contractor, for the construction of an additional power plant at the operation.
On August 14, Rogers entered into a written subcontract with John Newman for the erection of all structural steel work required for the power plant. For the purpose of performing his work, Newman rented certain equipment for use until the job was completed. The work continued until October 7, when a strike occurred among Newman's employees, and work was discontinued for a period of approximately nine weeks. During this time, Newman was obliged to pay rent for the equipment and other sums to insure its safekeeping.
A meeting was called to adjust differences. In attendance were Newman, Rogers, Woodward and a representative of the union of the strikers. As a result of the lengthy discussion, the strike was called off. However, Newman refused to continue performance unless he was paid for the rentals and charges accruing during the time of the strike. Woodward then promised to pay this amount so that the work could proceed.
The work was completed under the contracts, but Woodward refused to pay the rentals and charges. Newman consults you. Advise him.
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