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 is the likely result if Sam sues Betty for the $40 that Trudy owes him for the book?
A)Sam will lose because the attempted delegation was against public policy.
B)Sam will lose because his only right of action is against Trudy.
C)Sam will lose because he was not aware of the assignment before the duties were completed.
D)Sam will win,but only if he can prove that Trudy has insufficient funds with which to pay him.
E)Sam will win.

Question

Quizplus · Accepted Answer

A delegation occurs when a party to a contract,the delegator,transfers her duty to perform to a third party who is not part of the original contract,the delegatee.Delegations require that the delegatee fulfill the delegator's contractual obligation to the obligee.