Angel v murray. Secret Bases • Angel v. Murray 2019-01-27

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Angel v. Murray

angel v murray

That is, the money had been paid by the city council, and Maher had collected all of the refuse. They were to work as sailors and fishermen out of Pyramid Harbor during the fishing season of 1900. The record discloses that Maher has provided the city of Newport with a refuse-collection service under a series of five-year contracts beginning in 1946. In June of 1967 Maher requested an additional 10,000 per year because there had been a substantial increase in the cost of collection due to an unexpected and unanticipated increase of 400 new dwelling units. Thus, by the time this action was commenced in October of 1968, the modification was completely executed.

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Angel v Murray

angel v murray

B It is generally held that a modification of a contract is itself a contract, which is unenforceable unless supported by consideration. Defendant refuse collector was awarded a contract with the city. After closely scrutinizing the provisions of the charter in the light of the above-stated rule, we conclude that, in adopting the pertinent provision of § 9-23 of the charter, the people of Newport did not intend therein to limit in any way the authority of the city council to amend an existing contract. Having determined the voluntariness of this agreement, we turn our attention to the three criteria delineated above. Plaintiffs alleged the payments violated the city charter and were made without consideration. Solid rock is unexpectedly encountered and A so notifies B.

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Angel v Murray

angel v murray

First, the modification was made in June of 1968 at a time when the five-year contract which was made in 1964 had not been fully performed by either party. First, he found that the additional payments were unlawful because they had not been recommended in writing to the city council by the city manager. Rather, whatever losses he did entail by reason of the requirement of such extra collection resulted from actions completely beyond his control and thus unanticipated. Murray case brief summary 322 A. Second, he found that Maher was not entitled to extra compensation because the original contract already required him to collect all refuse generated within the city and, therefore, included the 400 additional units. This rule, however, has been widely criticized as an anomaly.

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Angel v. Murray Case Brief

angel v murray

The result of this is that a court should no longer accept this rule as fully established. To determine if the modification met the standard of good faith, the Court looked to §89 a of the Restatement Second of Contracts. It is, however, also clear that neither award for additional compensation was made on the basis of a written recommendation therefor by the city manager. This is a civil action brought by Alfred L. However, in Rhode Island Consumers' Council v. There 21 seamen entered into a written contract with Domenico to sail from San Francisco to Pyramid Harbor, Alaska. Maher's request was approved, and a similar request the next year was also approved.

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Angel v. Murray Case Brief

angel v murray

Maher explained in detail the reasons Ior his request aIter a public meeting oI city council. Rose is a perfect example of the preexisting duty rule. Section 89D a , of course, does not compel a modification of an unprofitable or unfair contract; it only enforces a modification if the parties voluntarily agree and if 1 the promise modifying the original contract was made before the contract was fully performed on either side, 2 the underlying circumstances which prompted the modification were unanticipated by the parties, and 3 the modification is fair and equitable. It is obvious that the charter contemplates that the city manager, pursuant to the provisions of § 5-4, will be kept fully informed by the various municipal departments of the status of their operational affairs and of the financial condition of the city. These chapters, which include §§ 1-255, were published by the Institute in 1973 in a hard-cover edition. The court accordingly upheld the contract.

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Angel v Murray

angel v murray

Although the preexisting duty rule has served a useful purpose insofar as it deters parties from using coercion and duress to obtain additional compensation, it has been widely criticized as a general rule of law. Frequently, a contractor will refuse to complete work under an unprofitable contract unless he is awarded additional compensation. It is clearly a contractual provision requiring the contractor to hold the city harmless and to defend it in any litigation arising out of the performance of his obligations under the contract, whether a result of affirmative action or some omission or neglect on the part of Maher or his agents or employees. To determine if the modification met the standard of good faith, the Court looked to §89 a of the Restatement Second of Contracts. This message is updated dynamically through the template {{}} last update: 15 July 2018. The court consistently subscribes to the principle that a legislative enactment should be given what appears to be the meaning most consistent with its policy or obvious purposes. However, the courts have been reluctant to apply the pre-existing duty rule when a party to a contract encounters unanticipated difficulties and the other party, not influenced by coercion or duress, voluntarily agrees to pay additional compensation for work already required to be performed under the contract.


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Secret Bases • Angel v. Murray

angel v murray

Section 89D a , of course, does not compel a modification of an unprofitable or unfair contract; it only enforces a modification if the parties voluntarily agree and if 1 the promise modifying the original contract was made before the contract was fully performed on either side, 2 the underlying circumstances which prompted the modification were unanticipated by the parties, and 3 the modification is fair and equitable. They were to work as sailors and fishermen out of Pyramid Harbor during the fishing season of 1900. An unanticipated growth of 20% occurred in the number of homes from which D had to collect. Maher's testimony, which is uncontradicted, indicates the 1964 contract had been predicated on the fact that since 1946 there had been an average increase of 20 to 25 new dwelling units per year. It appears that he based this portion of the decision upon the rule that Maher had a preexisting duty to collect the refuse generated by the 400 additional units, and thus there was no consideration for the two additional payments. Frequently, a contractor will refuse to complete work under an unprofitable contract unless he is awarded additional compensation. See also cases collected in Annot.

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Angel v. Murray

angel v murray

A and B then orally agree that A will remove the rock at a unit price which is reasonable but nine times that used in computing the original price, and A completes the job. The trial judge invalidated the extra payments because the modification of the contract was made without consideration. To access this section, please or. All the information on this site is constantly updated and edited. Please take a moment to review. Supreme Court of Rhode Island.


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