Theresa agrees to mow Huan's yard for $300 for the summer. Huan wishes to assign the contract to his grandmother. Theresa objects because Huan's yard is very small while his grandmother's yard is over an acre. Which of the following is the correct legal outcome for the dispute between Theresa and Huan?
A) Theresa will win because Huan's attempted assignment would increase the duties to which she agreed.
B) Theresa will win because all assignments are invalid without the obligor's consent.
C) Theresa will win unless Huan paid her the $300 in advance in which case Huan will win.
D) Huan will win because he may validly assign the contract without Theresa's consent.
E) Huan will win so long as he tells Theresa about the assignment prior to the time she begins any performance whatsoever.

Question

Quizplus · Accepted Answer

Theresa will win because the assignment from Huan to his grandmother significantly changes the nature of the duties Theresa agreed to. The original contract was for mowing a small yard, and the assignment would require her to mow a much larger area, which is a material change to the obligations she consented to. Assignments that significantly increase the burden or risk to the obligor are generally not enforceable without the obligor's consent.

Theresa Agrees to Mow Huan's Yard for $300 for the Summer