Author Question: Deirdre read that bids were being solicited for the construction of an apartment tower. Deirdre ... (Read 60 times)

evelyn o bentley

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Deirdre read that bids were being solicited for the construction of an apartment tower. Deirdre submitted the lowest bid and was offered the contract contingent on her providing acceptable sureties in the amount of 1 million. Because Deirdre never had done work on this scale, it was virtually impossible for her to obtain the appropriate sureties. She convinced Reassuring Sureties, Inc to issue the necessary commitment by misrepresenting that she was a famous builder in Canada. As the work progressed, it seemed to be going well and Deirdre was asked to make the project 52 stories instead of 50 stories, which was the original contract height. She agreed to this change. After the work was completed, many breaches of contract on the part of Deirdre became evident. Reassuring Sureties was sued for a 500,000 loss. Reassuring Sureties defended on the grounds of fraud and material change in the contract. Decide.

Question 2

Discuss the various steps and processes involved in probate.



billybob123

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Answer to Question 1

Fraud will not be an effective defense because the creditor did not know of, or participate in, the fraud. Material alteration of the contract (52 stories instead of 50 ) without the surety's permission is an effective defense.

Answer to Question 2

Students should review appointment of administrator, executor or personal representatives; collection of assets; payment of claims; distribution of assets; closing; publication of notices; hearings held, etc.



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