Upon learning of the sale, Julia refuses to furnish ice to Clark. Clark sues Julia for damages. Decision?
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Julia contracts to sell to Hayden, an ice cream manufacturer, the amount of ice Hayden may need in his business for the ensuing three years to the extent of not more than 250 tons a week at a stated price per ton. Hayden makes a corresponding promise to Julia to buy such an amount of ice. Hayden sells his ice cream plant to Clark and assigns to Clark all of Hayden’s rights under the contract with Julia. Upon learning of the sale, Julia refuses to furnish ice to Clark. Clark sues Julia for damages. Decision? |
Explanation
Individual H's assignment of the entire contract to Individual C includes a delegation of the duties of Individual J to Individual C under the contract. These roles are related to the operational specifications for ice at the ice cream factory. While these conditions vary greatly for a factory operated by Individual C from the same factory operated by Individual H, the contract puts an overall quantity of 250 tonnes per week on the contract.So, the contract seems assignable and delegable.
Verified Answer
Yes, the decision will be in favor of Individual C. This is because the contract is agreed upon and signed by both parties and they both have specific rights and responsibilities.The parties can only delegate privileges to a third party, not the duties.However, if delegation deflects personae, the individual's preference is not a priority over the performance. For this reason, their performance can be assigned to another.
