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In: Operations Management

QUESTION 19 A makes a contract with B, whereby A promises to pay B $10.00 if...

QUESTION 19

  1. A makes a contract with B, whereby A promises to pay B $10.00 if B promises to cut A’s grass. After making the contract, A decides he really doesn’t need his grass cut, so he arranges to transfer B’s obligation to “cut grass” toC. Which of the following is true:

    a.

    The transfer from A to C is a delegation of B’s duty to cut grass

    b.

    The transfer from A to C is ineffective unless B receives notice of the transfer.

    c.

    The transfer from A to C is an assignment.

    d.

    All of the above.

  2. A makes a contract with B, whereby A promises to pay B $10.00 if B promises to cut A’s grass. After making the contract, A decides he really doesn’t need his grass cut, so he arranges to transfer B’s obligation to “cut grass” toC. Which of the following is true:

    a.

    C as obligee stands in the shoes of A.

    b.

    C as assignee stands in the shoes of A.

    c.

    B as delegatee can only assert defenses against A in the event of breach.

    d.

    All of the above.

  3. A makes a contract with B, whereby A promises to pay B $10.00 if B promises to cut A’s grass. After making the contract, A decides he really doesn’t need his grass cut, so he arranges to transfer B’s obligation to “cut grass” toC. Which of the following is true:

    a.

    If B cuts A’s grass before he receives notice of A’s transfer to C, B will still have to cut C’s grass.

    b.

    If B cuts A’s grass before he receives notice of A’s transfer to C, B will still have to cut C’s grass unless the notice to B was in writing and dispatched before B’s performance.

    c.

    If B had not received notice of the assignment to C prior to cutting A’s grass, B’s obligation has been discharged.

    d.

    None of the above

  4. A makes a contract with B, whereby A promises to cut B’s grass for $10.00. After making the contract, A calls Cand talks C into cutting B’s grass for $8.00. Which of the following is true:

    a.

    If C learns that A received $10.00 from B, C can demand an additional $2.00 or refuse to perform.

    b.

    If C fails to perform, B can sue A for breach of contract.

    c.

    If C fails to perform, A owes no duty to B because C received sufficient consideration.

    d.

    None of the above.

  5. a.

    The transfer from A to C is an assignment, permitting C to stand in the shoes of A in prosecuting any claims against B.

    b.

    The transfer from A to C is a delegation, which effectively insulates A from liability.

    c.

    A remains liable if C fails to perform or performs poorly.

    d.

    All of the above.

Solutions

Expert Solution

Answer 20. : C. B as delegatee can only assert a defence against A in the event of Breach.

There is a contract between A & B. A just arrange the transfer to C, there is no contractual agreement so C will not stands in shoes for A.

Answer 21: If B hadn't received the notice of assignment to C prior to cutting A's grass, B's obligation has been discharged.

If there will be any change in the contract then B should get noticed before he started to cut the A's grass. If he hadn't received any notice then B's obligation has been discharged and he has no obligation to cut the C's grass.

Answer 22: If C fails to perform, B can sue A for breach of contract.

A and B has a contractual arrangement. After that A assigned the job to C as an arrangement so C has no any legal obligation to B. So in case of breach of contract, the liable party will be A only so B can sue A for breach of contract if C fails to perform.

Answer 23: A remains liable, if C fails to perform or perform poorly.

Same explanation as Answer 22.


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