Elvia has a contract to teach sixth grade at Margena Middle School. She decided she could make more money writing a book, so she wants to assign her teaching contract to her friend, Stephanie, who is also a licensed teacher. Which of these statements is true?
A) If effective, this would be both an assignment and a delegation.
B) The duties which Elvia wants to delegate are typically delegable to any teacher with the same level of certification.
C) If the school district agrees to accept Stephanie's services, a novation would occur, but Elvia would still have an obligation to the school district if Stephanie decides to quit.
D) This situation is only an assignment, as the obligation of duty will come from the school after the assignment is made.

Question

Elvia has a contract to teach sixth grade at Margena Middle School. She decided she could make more money writing a book, so she wants to assign her teaching contract to her friend, Stephanie, who is also a licensed teacher.  Which of these statements is true?
A) If effective, this would be both an assignment and a delegation.
B) The duties which Elvia wants to delegate are typically delegable to any teacher with the same level of certification.
C) If the school district agrees to accept Stephanie's services, a novation would occur, but  Elvia  would still have an obligation to the school district if Stephanie decides to quit.
D) This situation is only an assignment, as the obligation of duty will come from the school after the assignment is made.

Quizplus · Accepted Answer

This situation involves both an assignment and a delegation. An assignment refers to the transfer of benefits or rights under the contract from Elvia to Stephanie, while delegation refers to the transfer of duties or obligations under the contract from Elvia to Stephanie. Since teaching is a personal service contract that depends on the unique skills of the teacher, Elvia cannot simply assign her rights and delegate her duties without the consent of the school district. If the school district agrees, it would involve both the transfer of Elvia's contractual benefits to Stephanie (assignment) and the transfer of her teaching duties (delegation).

Elvia Has a Contract to Teach Sixth Grade at Margena