WPC Enterprises v. US case brief

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WPC Enterprises v. US; (US Ct. of Claims, 1964); CB 585; Notes 33

Comparatively more negligent party responsible for misunderstanding

• Facts: WPC won gov’t bid to manufacture generator sets for gov’t. Said gov’t didn’t specify that components were to be manufactured by certain parties. WPC suing gov’t for the difference in expense. They say they agreed to use alternate suppliers if gov’t paid additional costs.
• Holding: Court thought both parties reasonable. Said original defect in drafting and gov’t had burden of clarification. So comparatively more negligent party responsible.
• Commentary: In this case, unlike Raffles, it would have been unproductive to say that there was no K. Court could have said it’s a quasi-K and give $ based on restitution for services performed. Unilateral vs. mutual mistake: saying different things vs. meaning different things.