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Debate whether or not the offeree should let an offeror’s mistake
within a proposal go uncorrected, even if such action would cause the
offeror to withstand a loss. Suggest one (1) judicial remedy available
to the offeror to prevent his / her loss. Provide an argument in support
of your position.
This is what I wrote….I need a a suggestion for a judicial remedy.
A contract is a legal binding
document which is viewed as a strict enforcement between parties to perform according
to the proposal and or contract (General contract principles, n.d). The Source Selection Committee reviews and analyzes all
portions of the proposal to avoid any shortcomings or a need of clarification
before an award is given. There should never be too much room for mistakes in this
particular field due to enforceable actions by law. But painstakingly, if the offeree is faced with a mistake
from within the offeror’s a proposal it can be known as a unilateral or a
mutual mistake (General
contract principles, n.d).
A unilateral mistake occurs when one
party misunderstands either a term of the contract for some essential fact
concerning the bases of the contract; a mutual mistake occurs where the parties
share an erroneous belief concerning the basis for the contract. (General
Contract Principles, p.2-11). As mentioned
before contracts can be complex or lengthy and within reason mistakes do happen
under both circumstances (General
contract principles, n.d).
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