Grant and Debbie enter into a contract binding Grant personally to do some delicate cabinetwork. Grant assigns his rights and delegates performance of his duties to Clarence.
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Grant and Debbie enter into a contract binding Grant personally to do some delicate cabinetwork. Grant assigns his rights and delegates performance of his duties to Clarence. On being informed of this, Debbie agrees with Clarence, in consideration of Clarence’s promise to do the work, that Debbie will accept Clarence’s work, if properly done, instead of the performance promised by Grant. Later, without cause, Debbie refuses to allow Clarence to proceed with the work, though Clarence is ready to do so, and makes demand on Grant that Grant perform. Grant refuses. Can Clarence recover damages from Debbie? Can Debbie recover from Grant? Explain. Grant and Debbie enter into a contract binding Grant personally to do some delicate cabinetwork. Grant assigns his rights and delegates performance of his duties to Clarence. Instead, assume that Debbie refuses to permit Clarence to do the work, employs another carpenter, and brings an action against Grant, claiming as damages the difference between the contract price and the cost to employ the other carpenter. Explain whether Debbie will prevail. |
Explanation
According to the delegation of rights' novation clause, the duty of Individual G is substituted to Individual C. Individual C has the duty to perform the services as per the contract. Individual C is prepared to perform as per the contract, whereas Individual D has breached the contract by not assigning the work to Individual C. Individual D is responsible for the damages that have occurred to Individual C. Individual G is discharged from the contract, which frees them from any liability thereon.
Verified Answer
Individual D has entered into the contract with Individual G. Individual G has delegated the work under the contract to Individual C, which is a novation. Individual G has been discharged from the duty of performing the work in the contract. Individual C is directly responsible for the duty to be performed as per the contract. Individual C has the right to claim for damages from Individual D for the breach of contract. Individual D cannot recuperate from Individual G.
Explanation
The scenario indicates that Individual D is not willing to delegate the work to Individual C. Contractual duties can be generally delegated unless there is a substantial interest, stated in contract or not delegable as per public policy. Individual G is liable to Individual D for the increase in cost to replace another worker to perform the work.
Verified Answer
In the case of non-delegable clause as per the contract, Individual G is liable for the losses occurred to Individual D.
When Individual D has a substantial interest in Individual G’s ability to perform the contract,IndividualG would win the case.
