Chapter 17 - Summary Business Law: Text and Cases PDF

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Cristina Adum 23-March-2017 Chapter 17: Third Party Rights 1. Choose a contract to which you or a family member have been a party (e.g., contract to buy or have built a house, employment contract, contract to mow someone's lawn or babysit). For the contract you choose, could either party have delegated his or her duties, according to legal standards? What facts lead you to your conclusion? How confident are you in your conclusion? If you are not confident, why? I work in the computer lab of Bond Hall. My duty is to be there during my shifts in order to assist any student, faculty or staff that needs help using the computers, uploading files to the cloud or with printing documents or drawings. The duties of my contract can be delegated to a third party (usually my coworkers) in the case that I cannot cover my shift. I arrived to this conclusion for two reasons. First, it has been recommended by my employer to do this. Second, the situation does not meet any of the requirements that describe duties that cannot be delegated, which are: when duties are personal in nature, when performance by a third party will vary materially from that expected by the oblige or when the contract prohibits delegation. 2. If a delegatee fails to complete contractual duties, whom can the obligee hold liable--the delegator, the delegatee, or both? Does is make sense that liability should fall on that party or parties? Explain. The oblige can hold both liable because a valid delegation of duties does not relieve the delegator of obligations under the contract. Today, the obligee can sue both: the delegate and the delegator. It does not make sense because in the moment that the delegator gives away his duties to the delegate, then he should no longer be held liable because it is not his responsibility anymore to deliver the promise to the obligee. If the delegate fails to perform, it is his/her responsibility....