Question

payment t o build a house for Brown for $471,000. Norris assigned his right to o Carter. Norris also delegated the obligation to build the house to Carter as Well. Norris then notified Brown that he was retiring from the construction Would not be responsible for Carter's performance of the contract. Carter proceede the work and built the house. Would Brown have any recourse against Norris r improperly performs the construction contract? Be sure to ex answer business and arter proceeded with plain the reasons for your A YES your position. or NO only answer is unacceptable. Be sure to explain WHY you are taking Thnyreemblance to anyone you may know, iving or othervise, is purely On May 2, Howard's Hardware Store paid $170.000 of a $420,000 invoice owed to Acme Wholesalers for a previous purchase of lawn mowers. On May 16, Acme transferred all of its customer receivables to the We Get Results Finance Company, commercial factor. Howard's Hardware received proper notice of the transfer o account. However, Howard's Hardware refuses to because of a bad experience Howard's Hardware had with We years f its pay anything to We Get Results Get Results several and Howard's Hardware is seeking to have the balance thrown out on the ground of economic duress. Can We Get Results properly receive the remaining $250,000 balance from Howard's Hardware? Be sure to explain the reasons for your ago. We Get Results is suing Howard's Hardware for the remaining balance answer.

Answer 1

1. This largely depends on the type of Contract that Brown had with Norris and whether or not he was informed about the transfer of the right to payment to Carter and whether or not he consented to the transfer of the contract or the right to payment to Carter prior to the actual transfer. Brown could have a recourse against Norris is he wasn't informed about the transfer of the right to payment and if it was done without his prior consent. The other scenario under which brown could have a recourse against Norris is if he can prove that Carter is either an employee or a contractor / vendor of Norris. If he's able to do so, then Brown can have a recourse under Vicarious Liability. Repercussion of employee actions or Vicarious liability : is a scenario where one or more persons / group or an organisation is held responsible for the actions of another person / group or an organisation. From an organisational standpoint, the firm or the company could be held liable for the actions of its employees provided the action in question took place during the tenure of the employee's career in the organisation.

2. It would be relatively tough for the Can We Get Results company since Howard's Hardware while informed about the transfer of payments due, didn't consent to the transfer. So it largely depends if the initial purchase agreement states that in event of over due payments, the accounts may be sold off to or transferred to a third party agency for collections. If the initial purchase or sale agreement didn't state so, it would be tough for Can we Get Results to recover the amount due from Howards Hardware. However if Howards' Hardware's purchase agreement contented this clause, Can We Get Results company can recover the amount due.