Mr. Ho talked with Mr. Tarr, who ran a business called Roscali Roofing. Mr. Ho agreed to pay Tarr $250 for the repair of his roof. In time, Gene Fix, Tarr's employee, came to Mr. Ho's and worked on the roof. Fix used the wrong material in the repairs, which made all his effort worthless; during the next rain the roof leaked as before. Which of the following is true?
A) If Tarr doesn't pay Fix, Fix could sue Ho directly for his pay because he worked on Ho's roof.
B) Ho could successfully sue only Fix or Tarr for breach of contract, whichever he chooses, but not both.
C) Ho could successfully sue Fix and Tarr for breach of contract since they were both connected with the job.
D) Ho could successfully sue only Tarr for breach of contract.
E) Ho could only sue Tarr because he is the one who did a poor job of the roof.

Question

Quizplus · Accepted Answer

Mr. Ho only made an agreement with Mr. Tarr for the repair work, therefore Tarr is the only one who can be held responsible for the breach of contract. Fix's employment relationship is with Tarr and it is Tarr's responsibility to ensure that the repairs are done correctly. Ho cannot sue Fix as he did not have any direct agreement with him.

Mr Ho Talked with Mr