Question

In this module, you learned about third party contract rights and that there are generally two ways to have rights under an existing contract. In the following scenario, determine whether Jake has the right to sue.

Betty contracted with Scooby’s Skate store to deliver a pair of skates to Jake for his birthday. Scooby’s owner was going on a trip and delegated the delivery of the skates to Brian. Brian failed to make delivery.

1. Can Jake sue Brian for breach of contract, as he was not a party to the original contract? Explain your answer. (5 pts)
   
2. Brian was not a party to the original contract. Why would a court hold him responsible for failing to make delivery? If you do not think a court would hold him responsible, explain your answer. (5 pts)
   
3. Can Jake sue Scooby’s Skates for breach of contract? Explain your answer. (5 pts)

Answer 1

Answer -

Designation:

In basic, it is a procedure of transterring the duties to another party through contract so as to complete the ideal work. Generally, the delegator, the delegatee and the obligee are the an integral part of this designation procedure. According to the present setting, Scooby the delegator, Brian - the delegatee, furthermore, the Jake - the obligee.

• Jake can sue Brian for the penetrate of contract if Scooby has gone into a substantial appointment contract with Brian for example at the point when an assignment of duties contains the term supposition, it is accepted the duties or other comparable terms, at that point the delegatee is lawfully at risk to the obligee for non-pertormance. Be that as it may, if the delegatee (Brian) has not accepted the duties under a contract, at that point the delegatee isn't lawfully at risk to the obligee for non-pertormance.

• Jake can sue Scooby skates for penetrate of contract since when the duties of a contract are appointed, the delegatee has a legitimate obligation to perform under the appointment contract. It is the obligation of the delegator to pertorm according to legitimate standards and guidelines.

• In this way, under the first contract it was the obligation of Scooby skates to cause conveyance of skates To jake, yet It has assigned this obligation to Brian who neglected to make the conveyance.

Thus, Jake can sue Scooby skates for non-execution of contract. Much subsequent to appointing the duties the delegator stays dependable tor pertormance just as for penetrate of contract. Just under one condition Scooby skates can't be considered dependable for example under novation. t is the demonstration of supplanting one party in the contract with another. It smothers or drops the first contract and replaces it with another, however it requires the assent of the considerable number of parties included.