1. Chang, a ?orist, contracted with Torres to provide delivery services in the local community. Torres discovered that his vehicles did not have the equipment to handle the work well, so he asked Chang if another delivery service, Rush Truk, would be acceptable to him. After some meeting with Torres and Rush Truk, Chang agreed to the change in delivery services.
a. Is Torres responsible for the performance of Rush Truk?
b. Is this a valid assignment?
c. Is this an example of a novation?
2. Franken, a college student, recognized that she was ?nancially very dependent upon her widowed mother's ?nancial support while she was in college. To protect against the risk of ?nancial loss in the event of her mother's death, Franken persuaded her mother to take out an insurance policy naming her as the bene?ciary.
a. Is Franken an incidental bene?ciary?
b. Is Franken a third-party bene?ciary?
c. In the event of the mother's death, would Franken's college be deemed to be a third-party bene?ciary?
3. Wester?eld contracted with Bradley Building Company for the construction of a ranch house as a wedding gift for his daughter. Before construction began, Wester?eld died and Bradley announced that he would not build the house. Wester?eld's daughter brought suit in her own name to compel Bradley to build the house as it had contracted to do.
a. Does the daughter have any rights in the contract between her father and Bradley Construction Company?
b. Can the daughter, a thirdparty bene?ciary, seek to have the court force Bradley Construction Company to construct the house or to pay damages to the daughter?
4. Rodrigos, the leader of a rock-and roll group, agreed to provide music for the annual Park College Marketing Club dinner dance. On the night of the dinner dance, however, another, very amateurish group showed up and said that Rodrigos had assigned the contract to them and that they would play the engagement.
a. Is a person who hires an outside entertainer required to accept the services of a substitute if it is impossible for the original party to perform?
b. Are all contracts assignable?
c. Can contracts for personal services be assigned?