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Third-Party Woes] Jaya owed Bobby $40 for a book she purchased from him. Jaya mowed Laura's...

Third-Party Woes] Jaya owed Bobby $40 for a book she purchased from him. Jaya mowed Laura's yard for $40 and made an agreement with Laura that Laura would pay Bobby for the book. Bobby was not aware of the assignment. Laura did not pay anyone. Jaya also mowed Ken's yard for $40. She agreed with Ken that Ken would give the payment to Bianca, representing Jaya's birthday present to Bianca. Ken later refuses to do so, saying that promises to give gifts are not enforceable. Ken then moved out of town. Jaya told both Bobby and Bianca that she was broke and that they would have to recover any amounts due directly from Laura and Ken, respectively. Bianca was very unhappy because she wanted to buy a new pair of sandals with the money.

Which of the following is the likely result if Bobby sues Laura for the $40 that Jaya owes him for the book?

Multiple Choice

  • Bobby will lose because the attempted delegation was against public policy.

  • Bobby will lose because he was not aware of the assignment before the duties were completed.

  • Bobby will lose because his only right of action is against Jaya.

  • Bobby will win only if he can prove that Jaya has insufficient funds with which to pay him.

  • Bobby will win.

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Answer #1

Answer - Bobby will win.

Bobby will win in any case if he sues the Lara for $40 that Jaya owes him. As according to the circumstances, after delegation, delegatee has to perform.

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