Question 1

Brandon,an artist,was commissioned to paint an oil portrait of the governor of Delaware.When Brandon was called away to Europe to paint the portraits of the royal family of Sweden,he asked Cameron,a very famous artist,to totally take over the governor's portrait project.The governor agreed.What has occurred and is it permissible by the courts? What would the result be if the governor did not approve?

Accepted Answer

The answer of Brandon,an artist,was commissioned to paint an oil...

Question 2

Bob and Sally have an agreement whereby Bob is to mow Sally's yard for $900 for the year.Bob's mower breaks down,and he decides he no longer wants to mow.Instead,he wants to paint.Bob talks to Sally who is not happy about the mowing issue.She tells Bob that it would cost her $1,000 to get the other lawn service in the community to do the mowing for the year.Bob offers to paint Sally's house to settle the dispute.Sally agrees.Bob never shows up to paint.Sally gets someone else to paint the house for $800 and sues Bob for not mowing her yard.Can Sally do so,or is Bob entitled to get the lawsuit involving mowing dismissed because if he breached any contract,it involved painting?

Accepted Answer

The answer of Bob and Sally have an agreement whereby...

Question 3

Herb and Henrietta live in a large city.Herb works as a supervisor at a local factory,and Henrietta has taught Latin for many years in the local high school.Their financial situation is fairly simple.They have a savings account,a small retirement plan,and they still own the first home that they bought as newlyweds.When they bought their current home they kept the first home and have used it as rental property.Herb and Henrietta are baffled by the entire concept of income taxes.The accountant who had prepared their taxes for many years died during the last year.Not knowing where to turn,they took their taxes to one of the large international CPA firms.The CPA firm accepted the work,with the parties agreeing that the fee for the tax return preparation would be $350.Most of this CPA firm's tax clients had far more complicated tax situations than that of Herb and Henrietta.The firm had a practice of contracting out the preparation of the simplest tax returns.Discuss the propriety of the CPA firm's actions.

Accepted Answer

The answer of Herb and Henrietta live in a large...

Question 4

In many cases,an incidental third-party beneficiary suffers a loss that can be directly traced to a party's breach of contract.Why are incidental third-party beneficiaries not able to recover their losses in such situations?

Accepted Answer

The answer of In many cases,an incidental third-party beneficiary suffers...

Question 5

Why should the doctrine of commercial impracticability be applied to release a party from duties under a contract when it is still possible for the contract to be performed?

Accepted Answer

The answer of Why should the doctrine of commercial impracticability...

Question 6

Sandy was in her sixties and had a single child,a daughter,Tonya,who was approaching her fortieth birthday.Sandy wanted to do something special for Tonya's fortieth birthday.Tonya approached a local contractor and decorator and discussed this with them.Sandy,the decorator and the contractor entered into a contract wherein the contractor would construct an addition onto Tonya's house,expanding her kitchen into a large combination kitchen and family room.In addition,all of the kitchen countertops,cabinets and appliances would be replaced.With the assistance of the decorator,new furniture would be acquired and all of the wall coverings and window treatments would be replaced.Because Sandy did not want her tastes imposed on Tonya,the contract contained a clause that read,"All work must meet the personal satisfaction of Tonya." Tonya thought that this was a great birthday present and enjoyed working with the decorator and contractor in working out the details of the project.She had been so busy as the project approached its conclusion that she hadn't really stopped to look it over closely.One Sunday she examined all the work closely and found several problems.She then told the contractor that part of the kitchen countertop was not level and that anything spilled on it would immediately run off onto the floor.She decided that she did not like the placement of some of the kitchen cabinets and wanted them changed.She also said that many of the seams on the wallpaper had gaps that were too large.Lastly,she said that the color of the paint on the wood trim was too dark.Although Tonya was happy with the new floor,she was upset that the contractor had subcontracted its installation rather than install it himself.The contractor brought in an outside consultant who said that all workmanship except for the countertop exceeded normal standards.Two other decorators said that the color of the woodwork was proper.The contractor refused to make any changes.Tonya is unhappy with the work and wants to sue the contractor and also wants to sue her mother.Discuss this situation.

Accepted Answer

The answer of Sandy was in her sixties and had...

Question 7

Bob the dentist is having problems collecting amounts due from his patients.He sells and assigns the rights to these amounts,called accounts receivables,to Collect Company.Bob notifies the patients who owe money to pay Collect Company instead of him.Many patients,however,do not want to bother with Collect Company and continue to send payments to Bob.Unfortunately,Bob spends these amounts and ends up going bankrupt because of poor office practices and some dental malpractice claims.Collect Company sues the patients who paid Bob assigned amounts after they were notified of the assignment.Those patients say that they do not want to pay twice and that they already paid Bob.They say it is not their fault that he is a crummy dentist.Who is legally right?

Accepted Answer

The answer of Bob the dentist is having problems collecting...

Question 8

Sarah agrees to paint John's house for $5,000.After Sarah finishes the job,John complains that it was not done correctly.After much discussion,they agree that the contract will be satisfied if John gives Sarah $4,000 and a certain diamond necklace.Which of the following statements is true concerning this situation?

Accepted Answer

This is an accord and satisfaction because they have agreed to settle the dispute by agreeing to a different performance than originally contracted for. Sarah can sue to enforce either the original $5,000 or the $4,000 and the necklace if John fails to perform because the agreement was for either option to satisfy the contract.

Question 9

How do the American Rule and English rule differ with regard to multiple assignments of rights?

Accepted Answer

The answer of How do the American Rule and English...

Question 10

Whitney's beloved horse recently died.Whitney has entered into an agreement with a well-known sculptor to sculpt a life-size sculpture of the horse.This contract provides that Whitney is "not obligated to pay for the sculpture unless she is personally satisfied with the sculpture." In this situation:

Accepted Answer

The contract explicitly states that Whitney's personal satisfaction is the determinant for payment. Therefore, she can use her personal preferences in deciding whether she is satisfied with the sculpture or not.

Quiz 13: Third-Party Rights and Discharge

In many cases,an incidental third-party beneficiary suffers a loss that can be directly traced to a party's breach of contract.Why are incidental third-party beneficiaries not able to recover their losses in such situations?

Why should the doctrine of commercial impracticability be applied to release a party from duties under a contract when it is still possible for the contract to be performed?

How do the American Rule and English rule differ with regard to multiple assignments of rights?