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Barry Has Contracted to Paint the Exterior of Al's House

Question 130

Multiple Choice

Barry has contracted to paint the exterior of Al's house for $3,000.Al hired Barry because he heard that Barry did an excellent job.Because Al really wanted Barry to paint the house,the contract contained an anti-delegation clause.Barry,however,delegates his duty to paint the house to his younger brother,Doug.Barry and Doug agree that Barry will pay Doug $1,900 to paint the house.Doug is unaware of how much Al is paying Barry.Al is unaware of the fact that Doug will actually be painting the house.Which of the following is true about this situation?


A) This is an example of a simultaneous assignment and delegation.
B) Barry has committed fraud by not telling Doug how much he is being paid by Al.
C) The anti-delegation clause would not be enforced, and Barry has not breached the contract.
D) Barry is obligated to pay Doug $3,000 if Doug properly does the complete job of painting Al's house.
E) Barry has breached the contract if Doug paints the house.

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