Third-Party Woes.Trudy owed Sam $40 for a book she purchased from him.Trudy mowed Betty's yard for $40 and agreed with Betty that Betty would pay Sam for the book.Sam is not initially aware of the agreement.Betty pays no one.Trudy also mowed Bob's yard for $40 in return for Bob's agreement to give the payment to Sally representing Trudy's birthday present to Sally.Bob later refuses to do so saying that promises to give gifts are not enforceable.He then moves out of town.Trudy tells both Sam and Sally that she is broke,that Sam needs to get his $40 for the book from Betty,and that Sally is owed $40 from Bob for her birthday present.Which of the following would be the likely result if Sam sues Trudy for the $40 she owes him for the book?
A)Sam will win because Trudy cannot avoid her obligations through a delegation.
B)Sam will win but only because he was not aware of the assignment.
C)Sam will win but only because the contract was for an amount under $1,000.
D)Sam will win only if Betty cannot be found for service of process.
E)Trudy will win because she delegated the duty of payment to Betty.

Question

Quizplus · Accepted Answer

One important distinction between assignments and delegations involves the rights of the transferring party-the assignor or the delegator.In assignments,after the assignment is made,the assignor has no right left to the original contract.Conversely,with delegations,the delegator is not relieved of his duty to perform by making a delegation.If the delegatee fails to fulfill the contract,the delegator is still liable to the obligee for fulfillment of the contract.