Prepare a typed response including the following: 1.Highlight the pertinent facts. 2.Identify the issue of law...

 

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Prepare a typed response including the following: 1.Highlight the pertinent facts. 2.Identify the issue of law and/or fact posed by the case problem. 3. What should be the decision in the case? 4.The reasoning for such decision. Plaintiff entered into a written contract with defendant to assemble and install certain conduits under a river for a lump sum price of $149,680. Delays caused by defendant forced plaintiff's work to be performed in the winter months instead of during the summer as originally bid, and as a result a major change had to be made in the system from that specified in the contract. Defendant repeatedly assured plaintiff that it would pay the cost if plaintiff would complete the work. The change cost plaintiff an additional $811,810.73. Defendant refused to make payments for almost a year. Defendant's engineers had recommended for settlement in the amount of $775,000. Defendant then offer $575000 on a "take-it-or-leave-it" basis. Plaintiff, which at the time was in financial trouble, signed a release settling the claim for a total sum of $575,000. Plaintiff now seeks to recover the balance due, arguing that the signed release is not binding because it was signed under economic duress. Prepare a typed response including the following: 1.Highlight the pertinent facts. 2.Identify the issue of law and/or fact posed by the case problem. 3. What should be the decision in the case? 4.The reasoning for such decision. Plaintiff entered into a written contract with defendant to assemble and install certain conduits under a river for a lump sum price of $149,680. Delays caused by defendant forced plaintiff's work to be performed in the winter months instead of during the summer as originally bid, and as a result a major change had to be made in the system from that specified in the contract. Defendant repeatedly assured plaintiff that it would pay the cost if plaintiff would complete the work. The change cost plaintiff an additional $811,810.73. Defendant refused to make payments for almost a year. Defendant's engineers had recommended for settlement in the amount of $775,000. Defendant then offer $575000 on a "take-it-or-leave-it" basis. Plaintiff, which at the time was in financial trouble, signed a release settling the claim for a total sum of $575,000. Plaintiff now seeks to recover the balance due, arguing that the signed release is not binding because it was signed under economic duress.

Answer rating: 100% (QA)

1Highlights of Pertinent Facts As the plaintiff has written contact with Defendant to assemble and i... View the full answer