QuickHelper

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Category > Management Posted 04 Oct 2017 My Price 8.00

Raquel agreed to sell her windsurfing board to Patrick in exchange

Raquel agreed to sell her windsurfing board to Patrick in exchange that Patrick paint her entire basement and replace the wooden flooring. They

agreed. But, three days later, Raquel assigned her rights to obtain services from Patrick to Jennifer. Jennifer had just bought a new home that

required major remodeling—specifically, replacing the floors throughout the whole house. Jennifer accepted the assignment. But Patrick never

performed his obligations to Jennifer. Jennifer sued Patrick for nonperformance. However, Patrick argued that Raquel’s assignment

significantly increased his to as an obligor. Agreeing with this view, the court ruled in favor of Patrick.

 

But what if the facts of the case were different? Select each set of facts below that could change the power of that court to hear the case.

a) Instead of Raquel’s asking for Patrick’s services, she and Patrick agree that Patrick will pay $500 for the windsurfing board. Raquel

assigns the right to payment to Jennifer, but Patrick never complied.b) Raquel never noted in writing that she would assign her rights to receive Patrick’s services to Jennifer.c) Jennifer’s house was a lot smaller than Raquel’s, and replacing the flooring in Jennifer’s house would be significantly cheaper and require

less labor than performing the same services for Raquel.

d) In the original contract between Raquel and Patrick, both parties had agreed to include an anti-assignment clause.

Answers

(10)
Status NEW Posted 04 Oct 2017 06:10 PM My Price 8.00

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