合同与履行第 877 / 1632 题

A general contractor uses a subcontractor's bid to prepare and win the prime contract, reasonably relying on that bid. If the sub then tries to withdraw the bid, the general may argue the sub is bound under:

a.The parol evidence rule, which fixes the bid's terms as final
b.Promissory estoppel, since the general reasonably and foreseeably relied on it
c.The Statute of Frauds, which makes a written bid binding from the moment it is signed
d.A force majeure clause, which is said to excuse the sub's late withdrawal of its bid

解析

Drennan v. Star Paving Co. (1958) 51 Cal.2d 409 is the California authority: a subcontractor who submits a bid knowing the general will use it in a prime bid should expect reliance, and once the general wins the job on the strength of that number the sub's offer becomes irrevocable for a reasonable time. No consideration was paid to hold the bid open; reliance takes its place. (a) inverts the parol evidence rule, which excludes outside evidence contradicting an integrated writing — it cannot make an offer binding. (c) treats the writing as the source of the obligation; the Statute of Frauds says which agreements need a writing, and a signed bid is still only an offer until accepted. (d) is a clause for events beyond a party's control; changing one's mind about a price is not such an event.

法律依据: Drennan v. Star Paving Co. (1958) 51 Cal.2d 409

免费刷完整 1632 道题库 — 无需注册。

Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →

同考点相关题目

最近核对: · 审核流程

PrepPass 团队 · 依据官方资料核对 California CSLB Contractor License Law & Business Exam · 我们如何核对
审核人 Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — 核实)
反馈