two questions about Brian Construction : LUSENET : Lessig's Contracts : One Thread

Excuse my ignorance in terms of case names (and overall)....

The court in the brian Construction cases seems to decide the case by considering the value of the oral promise, i.e. did it constitute new consideration??

But, why did the court ever have to decide this issue??

1) didn't the court read the case about the garbage truck guy who worked for the city that was expanding (no consideration necesarry when modifying contracts) AND

2) (partially unrelated) What protections to owners/contractors of mutinous GCs/subcontractors?? It seems that this case may have been (not sure by the facts) that some element of duress may have been present, i.e. the sub said you need this done so I can hold out for more money...If this were the case then the contractor would be able to recover....????????

Uncomprehendingly yours, Rich

-- Anonymous, December 08, 1998

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