Question
Simon and Tasker are two Connecticut companies. They enter into an entirely valid, unwritten contract. Pursuant to that contract, Simon is to make a payment
Simon and Tasker are two Connecticut companies. They enter into an
entirely valid, unwritten contract. Pursuant to that contract, Simon is to make
a payment to Tasker. Subsequently, Tasker informs Simon that, because of
Tasker's increased costs, Simon will need to pay more (the original payment
term was $100,000; the modification would double that). Simon needs Tasker
to perform under the contract, and so tells Tasker that he agrees. Tasker is
pleased with that, since there really were no increased costs, just increased
profits. Tasker then fully complies with the contractual terms. Before making
the additional payment, Simon learns that there really were no increased
costs, and so declines to make the additional payment. Tasker then sues for
breach of contract. In what circumstance would he win?
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