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Question
Painted House. Billy had a contract to paint Jan's house for $800 including the duty to clean up any debris. The contract between Billy and Jan did not contain an anti-assignment clause. Billy, who was very busy, assigned the contract, including the right to payment and the duty to paint, to Richard who was interested in making some extra money and had experience painting. Billy did not tell Jan about the assignment because he did not want any trouble nor did Richard mention the assignment to her. In fact, Richard never met Jan because he painted while she was at work. After Richard did a good job painting the house, Jan sent a check to Billy for $800. Billy needed the money to pay some bills, so he spent it. He thought he would have money coming in with which to pay Richard, but that did not happen. Richard asked Jan for $800 when it was not forthcoming from Billy. Jan refused. Richard said that he was going to sue her and Billy. Jan called Billy and told him that he had no right to assign the contract. Another problem involved disposal of debris. Although Richard was a good, competent painter, he forgot and left some old paint cans at Jan's house. Jan demanded that Billy come and properly dispose of the paint cans because they could not simply be put in the trash. Billy refused and told her that she would have to get Richard to dispose of the paint cans because that was his responsibility. What would be the likely result of a lawsuit brought by Richard against Jan to recover the $800?
A. Richard will win because Jan accepted the risk that the contract would be assigned.
B. Richard will win only so long as Billy has not been declared bankrupt because Jan will be able to recover the amounts at issue from Billy.
C. Richard will win only so long as the assignment was for an amount under $1,000.
D. Jan will win because she had no notice that the contract had been assigned and could, therefore, legally pay Billy.
E. Jan will win only so long as the assignment was for an amount over $500.
Answer
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Related questions
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In order to ensure that a case or controversy exists, the plaintiff must show:
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B. An actual legal dispute.
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A. Peremptory challenge.
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E. Approved challenge.