accepted the other firm's bid. H&B alleged that the accepted product
differs from its Squares only by "the use of glossy acrylic in place of the
custom-designed matte acrylic for the exterior." H&B did not receive any
design fees or orders for the Squares. It had turned down offers for a
design fee, and sued JCP for breach of contract, unjust enrichment, and
quantum meruit. (In some states unjust enrichment and quantum meruit
are different types of quasi contract claims.)
1. Assume that H&B's case has been filed in your court. How will you
decide?
2. What could H&B have done differently to protect its interest in this
process?
3. Would it have been effective? Why or why not?
[See Hudson & Broad, Inc. v. J.C. Penney Corp., Inc., 2013 U.S. Dist.
LEXIS 89207 (S. Dist. N.Y., 2013).]
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