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Refer to Tutorial 4, question 2(c): ACME Building Pty Ltd (ACME) wins a tender from the Queensland Government for Stage 1 of the construction of
Refer to Tutorial 4, question 2(c): "ACME Building Pty Ltd (ACME) wins a tender from the Queensland Government for Stage 1 of the construction of a stadium for the upcoming Commonwealth Games. Clause 12(b) of the contract grants ACME an option to submit a tender for the construction of Stage 2. ACME discover that, following a competitive process involving a dozen different tenders, the contract for Stage 2 was granted to one of their rivals, Build-It Building Pty Ltd. ACME was never invited to submit a tender. ACME believes that the Queensland Government has breached its obligations under cl 12(b) of the contract." Which of the following are true statements? Select all that apply. An order for specific performance is unlikely, but it is more likely that a court will grant a mandatory injunction enforcing the Queensland Government's obligations under cl 12(b) of the agreement. An order for specific performance is unlikely because damages will be an adequate remedy. An order for specific performance is unlikely because an order to recommence the tender project would impose undue hardship on the Queensland Government as well as ACME's rivals. It is likely that ACME will be granted an order for specific performance of the contract
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