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這是今年 New York State Bar Exam Essay Question 六題中的其中一題
看看消遣順便讀讀英文吧
In August 2000, Mindy entered into a written contract with Ben, a builder, to
construct an addition to the family's residence. One of Mindy's reasons for
building the addition was to provide a practice gym for her son, Mike, a 21
year old college student, who wanted to become a professional basketball
player. Thus, the contract between Mindy and Ben provided, in part, that
the gym would have a hardwood floor and a basketball hoop while the remainder
of the addition would be carpeted. The contract price was $100,000, one-half
of which was paid upon execution of the contract, with the balance to be paid
upon completion of the job.
In September 2000, while Mike was playing basketball at a local sports
center, Alice, a well known sports agent, approached Mike and invited him to
have dinner with her to discuss his career. At dinner, Alice told Mike that
he could be a professional basketball player. Alice offered to be Mike's
agent, and she handed him a proposed 20 page typewritten contract. When Mike
asked Alice if he could review the contract with his mother, Alice said that
this was Mike's "golden opportunity" and that if he didn't sign the contract
then, it would be withdrawn. Mike signed the contract immediately.
The next day, when Mike was reviewing the contract with his mother, they
realized that it gave Alice the exclusive right to represent Mike for the
next ten years, as well as 60% of all of Mike's gross income from employment
in the field of basketball during that period. Shortly thereafter, Mike
learned that the standard percentage for a basketball agent is 20% and that
the usual term of such a contract is three years. Mike then promptly advised
Alice that he would not comply with the terms of their contract.
On December 18, 2000, Ben notified Mindy that the addition to her residence
was completed. When Mindy inspected the work, she realized that Ben had
installed carpeting in the gym, as well as all of the other rooms, and had
failed to install a practice hoop. Ben said that his failure to install the
hardwood floor and hoop in the gym was inadvertent, but the value of the
addition was unchanged by the error. The cost to remove the carpet and
install a hardwood floor and hoop has not yet been determined. On
December 20, 2000, when Ben asked Mindy for the $50,000 balance of the
contract price, she refused to pay.
In January 2001, in response to New School District's advertisement for
bids for the construction of a high school gym, Ben prepared a preliminary
bid proposal in accordance with the plans and specifications of the School
District. Before submitting the bid, Ben decided that he would be able to
reduce his bid by $25,000. In transposing this reduction from his worksheet
to the actual proposal however, $250,000 was inadvertently deducted instead
of $25,000, and the bid submitted was therefore $225,000 lower than Ben had
intended. When the bids were opened by the School District, Ben discovered
his error. Ben promptly advised the District of his error and asked it to
withdraw his bid. Ben provided his worksheet, which confirmed his error,
but the District nonetheless awarded the contract to Ben based upon his
submitted bid. Ben refused to perform the contract.
1. Can Alice enforce her contract with Mike?
2. What are the rights and liabilities of Ben and Mindy with respect to
payment of the balance of the contract price?
3. Is Ben bound by the bid he submitted to the New School District?
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