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Unformatted text preview: is no evidence of any fraud or overreaching on Pankas' part, the contract as a whole was beneficial to Bell and Bell should be enjoined from exploiting that which he gained from his employment by Pankas. The argument that Pankas has suffered no irreparable injury is refuted by the instant record. 12. The contract is not enforceable. Because Office Supply Outlet, Inc. made the mistake, this contract is formed. If they can prove the new staff is an incompetent person, it would allow the store to avoid the contract for the additional machines. 14. It is the general rule that by failing to impart its knowledge of difficulties to be encountered in a project, the owner will be liable for misrepresentation if the contractor is unable to perform according to the contract provisions. So I think a city had affirmatively concealed facts....
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- Spring '11