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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12250
Experience:  JD, MBA
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Thresa Teacher has a contract to teach eight grade at Washington

Customer Question

Thresa Teacher has a contract to teach eight grade at Washington Middle School. She decided she could make more money writing a book, so she assigns her teaching contract to a friend, Stephanie Substitute, who is also a licensed teacher. Which of the following statements is correct concerning the situation?

A. This is both an assignment and delegation
B. The duties that Thresa has delegated are personal in nature
C. If the school district agrees to accept Stephanie's services, a novation would occur that would relieve Thresa of her obligation to the school district
D. All of the abover are correct

Carl Contractor and Lyle Lndowner have a contract whereby Carl is to perform routine construction services according to the blueprints that Lyle has provided. Carl assigns the contract to David Developer. As a result this assignment:
A. Lyle can bring suit based upon detrimental assignment
B. Carl has no more rights or responsibilities with the regard to the contract
C. Carl no longer has any rights under the contract, but he remains responsible for the duties he agreed to perform
D. Carl has all of his rights under the contract, but he has no responsibility for the performance of the duties.
Submitted: 6 years ago.
Category: Legal
Expert:  TJ, Esq. replied 6 years ago.

Hello and thank you for allowing me the opportunity to assist you.

The answer to the first is All of the Above. An assignment would occur, because Steph would receive Thresa’s paycheck. A delegation would occur because she takes on the responsibility to teach. The duties, however, are certainly personal in nature since it’s a personal services contract. A novation would release Thresa.

The answer to the second is Lyle can bring suit based upon detrimental assignment. Carl still has rights and responsibilities because his assignment is between he and David … Lyle is not involved. If David screws up, Lyle can sue Carl. Similarly, if Lyle refuses to pay, Carl may still sue.

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