L & H Construction Company was a general contractor involved in the renovation of the Thomas Edison historic site in West Orange, New Jersey, for the National Park Service. L& H contracted with Circle Redmont, Inc., which is based in Melbourne, Florida, to make a cast- iron stair-case and a glass flooring system. Redmont’s original proposal was to “engineer, fabricate, and install” the staircase and flooring system.

What If the Facts Were Different?
Suppose that Redmont had intentionally misled L & H to believe that installation was included in the price. Would the court’s decision on the mutual mistake issue have been different? Discuss.

The Economic Dimension
The parties performed as agreed, with Redmont working on schedule and L& H making on schedule and L & H making timely payments, until the issue of installation arose. Assuming that no further disputes arose, what might be the appropriate remedy?

  • CreatedJune 18, 2014
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