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, and during the next rain the roof leaked as before. Which of the following is true?
A) Ho could successfully sue only Tarr for breach of contract.
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) If Tarr doesn't pay Fix, Fix could sue Ho directly for his pay because he worked on Ho's roof.
E) Ho could only sue Tarr because he is the one who did a poor job of the roof.

Question

Quizplus · Accepted Answer

The contract was between Mr. Ho and Mr. Tarr (Roscali Roofing), not between Mr. Ho and Gene Fix, the employee. Therefore, Mr. Ho can only sue Mr. Tarr for breach of contract, as Tarr is responsible for the actions of his employees under the principle of vicarious liability.

Mr Ho Talked with Mr