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question

A construction company, in preparing its bid for the construction of a new hospital, received a quotation of 120,000fromasubcontractorwhoofferedtodothekitchenworkinthenewhospital.Thisbidwas120,000 from a subcontractor who offered to do the kitchen work in the new hospital. This bid was 30,000 lower than the construction company's next lowest bid for the kitchen work. As a result, the construction company lowered its bid by $20,000 before submitting it to the hospital board. After the construction company was awarded the construction bid and had accepted the subcontractor's offer, the subcontractor discovered that in his preparation of the quotation, he had overlooked some subsidiary kitchen installments required by the plans. Immediately thereafter, the subcontractor brought suit for rescission of the contract. It should
Plain-text mathematical notation (without MathML)
A construction company, in preparing its bid for the construction of a new hospital, received a quotation of 120,000fromasubcontractorwhoofferedtodothekitchenworkinthenewhospital.Thisbidwas30,000 lower than the construction company's next lowest bid for the kitchen work. As a result, the construction company lowered its bid by $20,000 before submitting it to the hospital board. After the construction company was awarded the construction bid and had accepted the subcontractor's offer, the subcontractor discovered that in his preparation of the quotation, he had overlooked some subsidiary kitchen installments required by the plans. Immediately thereafter, the subcontractor brought suit for rescission of the contract. It should
Original LaTeX notation
A construction company, in preparing its bid for the construction of a new hospital, received a quotation of $120,000 from a subcontractor who offered to do the kitchen work in the new hospital. This bid was $30,000 lower than the construction company's next lowest bid for the kitchen work. As a result, the construction company lowered its bid by $20,000 before submitting it to the hospital board. After the construction company was awarded the construction bid and had accepted the subcontractor's offer, the subcontractor discovered that in his preparation of the quotation, he had overlooked some subsidiary kitchen installments required by the plans. Immediately thereafter, the subcontractor brought suit for rescission of the contract. It should

choices

  1. prevail, because of the unilateral mistake.
  2. prevail, because the mistake was an essential element of the bargain.
  3. not prevail, unless the construction company knew or should have known of the subcontractor €˜s error.
  4. not prevail, because the computation mistake was antecedent to acceptance of the bid.

subject

professional_law

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