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Cookie Entered into a Contract with Muhammad

Question 28

Multiple Choice

Cookie entered into a contract with Muhammad. Muhammad was required to pay $25 000 to Cookie, and he was entitled to have an engine modified and installed in his speedboat. Jane vicariously performed part of the contract. Which of the following statements is TRUE?


A) If Jane performed carelessly and caused some sort of loss to the party on the other side of the contract, then the party who suffered the loss must sue Jane rather than the other person who actually signed the contract.
B) Jane almost certainly vicariously performed on behalf of Cookie.
C) Vicarious performance occurs only under an assignment.
D) Vicarious performance will be recognized by a court of equity, but not by a court of law.
E) One of the parties undoubtedly breached the contract.

Correct Answer:

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