Friday, March 23, 2012

Gates v. Rivers Const. Co. case brief

Gates v. Rivers Const. Co.; (Alaska, 1973); CB 391; Notes 48
  • Facts: Canadian resident makes a contract for work to be done in Alaska; D didn’t pay P until he got his visa.
    • Holding: court looks to statutes; at one time such a contract was illegal, but has been revised.
    • Rationale: Public Policy perspective: would encourage employers to hire illegal aliens so they can get out of paying them; originally laws preventing these contracts were to eliminate competition with American workers.
    • Commentary: the oddity here is that they are going to therefore enforce the contract – that’s rare. Outlier case in that respect – what they should have said is that we’re going to get D the fair value of his work (restitutionary recovery)

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