Elsinore v. Kastorff - withdrawal and awarded him the bid...

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Page: 143 Class Notes Case: Court / Date: Judge: Facts: Issue: Holding: Rule: Elinore Union Elementary School District v. Kastorff Sup Ct. of CA (1960) Schauer Trial Ct. awarded Elsinore School (P.) damages that resulted when contractor (d.) refused to execute a building contract persuant to a previously submitted bid. D. appealed D. submitted a bid on which he later realized contained a clerical error in price. He repetitively tried to withdraw his bid, but school did not grant
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Unformatted text preview: withdrawal and awarded him the bid for the work. The ct stated that knowledge by one party that the other is acting under mistake is treated as equivalent to mutual mistake for purposes of recission. Judgement for P. reversed Requirments for Rescission: 1) Both parties are aware of a mistake. 2) Mistake does not involve negligence. 3) The other party be placed in the status quo. 4) Prompt notice is given of mistake....
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This note was uploaded on 06/15/2009 for the course LAW 577 taught by Professor Staff during the Spring '08 term at University of Arizona- Tucson.

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Elsinore v. Kastorff - withdrawal and awarded him the bid...

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