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Unformatted text preview: therefore unenforceable. 4. 5. 6. The court will most likely decide that Herrick has not legal rights to recover more money. Since the contract left the price unliquidated, and Herrick cashed the check labeled as the final settlement, the contract between them is seen as settled by the courts. Herrick accepted a payment of a lesser sum, which then operated as satisfaction of the debt. 7. 8. No, Empire is not right. The contract was modified and agreed upon by both parties. The courts will see that Rock Services encountered unforeseeable circumstances that caused costs to be much higher. The courts should, on this reasoning, uphold the modified contract as a rescission and new contract. Empire should have to pay on the time-and-materials basis. If higher costs had been foreseeable then the original contract requiring Empire to pay the lesser of the two pricing options should have been upheld....
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- Spring '08