Is there a binding contract to build the road

Assignment Help Other Subject
Reference no: EM13197271

In 1994, the Dryden Construction Company contracted with the Ontario Hydro Electric Power Commission to build an access road 7 miles long from its Manitou Falls generating station to Provincial Highway No. 105. The contract contained the following clause"

The contractor agrees that he is fully informed regarding all the conditions affecting work to be done and labour and materials to be furnished for the completion of the contract and that his information was secured by personal investigation and research and not from the Commission or its estimates and that he will make no claim against the Commission.

In fact, the area over which the road was to be built was under heavy snow at the time, and the temperature was very low. The description of the property proved to be inaccurate, there being much more muskeg than indicated. After these facts became known, the contractor claimed to be excused from the contract, alleging that it had been frustrated and that what was required amounted to an entirely different contract. Question: Is there a binding contract to build the road?

Reference no: EM13197271

Questions Cloud

State goals of the descriptive essay is to paint a picture : The goal of the descriptive essay is to paint a picture with your words. It is stated in our text: "To describe something-a person, a place, or an object-is to capture it in words so others can imagine it or see it in their mind's eye". Be sure to..
Revise the initial probabilities based on favorable reviews : They report that 80% of huge successes received favorable reviews, 70% of moderate successes received favorable reviews, 40% of the breakeven texts received favorable review and 20% of the loser texts received favorable reviews. Revise the initial..
In what stage would jean piaget categorize moral reasoning : Jerome and Hani got up early on Saturday morning and decided to make breakfast in bed for their mother. While reaching for the bed tray in the back of the hall cabinet, they accidentally bumped and broke one of their mothers favorite porcelain dol..
Dispose of toxic elements from recycled computers : Redo your analysis for a scenario in which CT incurs a cost of $0.20 per unit to dispose of the toxic elements from the recycled computers. What is your recommendation under these circumstances?
Is there a binding contract to build the road : The contractor agrees that he is fully informed regarding all the conditions affecting work to be done and labour and materials to be furnished for the completion of the contract and that his information was secured by personal investigation and r..
What are the detentions : you are designing a basketball court to put in your backyard and you are given 975 feet of fencing. What are the detentions that would maximize the area of the court?
What are the detentions : you are designing a basketball court to put in your backyard and you are given 975 feet of fencing. What are the detentions that would maximize the area of the court?
Calculate projects annual project free cash flow : Jemison's CFO estimates that the distribution center will need additional net working capital equal to 20% of new EBIT. Assuming the firm faces a 30% tax rate, calculate the project's annual project free cash flow for each of the next 5 years,
How effectively do you think rachel spent her day : Rachel decides to stretch her legs and goes on a walk down the hallway where she engages in brief conversations with various co-workers. She goes out of her way to thank Chandra for his thoughtful analysis at the status report meeting.

Reviews

Write a Review

Other Subject Questions & Answers

  Accepting of the view of global warming

What are some reasons why society, especially in the U.S., has been more and more accepting of the view of global warming? Please post to these questions by the end of Week 3.

  Explaining deficiencies and how do they affect business

Methods exhibit some major shortcomings as information management tools. What are some of these deficiencies and how do they affect the business?

  Classical conditioning methods

What behaviors can best be learned by using classical conditioning methods? Explain your answer. Word count at least 150-200 words.

  Surface low-pressure area weaken or intensity

if upper level diverging air above a surface area of low pressure exceeds converging air around the surface low, will the surface low-pressure area weaken or intensity?

  Connections and provide one example of something

Describe each of the connections and provide one example of something that schools are currently doing and one example of something, in your opinion, they are lacking.

  Increased consumption of bottle water

Tomas is writing an essay about  the increased consumption of  bottle water. He devote several setences to explaining exactly what he meansb by '' drinking water'' In this part of the essay, tomas is Which one is the correct awnser is

  Applying the executive privilege

What is executive privilege and when does it apply?

  Values and purposes of renaissance education

Describe the various values and purposes of Renaissance education. Analyze the extent to which these values and purposes were transformed and challenged over time.

  What physical process at work in the sun

Granulation, or the mottled appearance of the whole solar surface, is an indication of what physical process at work in the sun?

  Avoid letting boredom-nonverbal communication

Nothing can put someone off faster than if they read from your nonverbals that you are bored. How do you avoid letting boredom (even if it's there and legitimate) show in your nonverbal communication?

  Elderly care in us

Choose a major issue confronting U.S. families which interests you and argue for the policy direction to address the issue. Examples of projects may include the following

  Critical article review

Critical Article Review,  omment on the strengths and weaknesses of the paper.  Did the authors acknowledge limitations to their work?  Was the analytic horizon appropriate?  Did their approach bias their results?

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd