Question: Mardy, a general contractor, is building a house. He contracts with Plumbco to do all plumbing work for $120,000. Before Plumbco begins the work, it
Mardy, a general contractor, is building a house. He contracts with Plumbco to do all plumbing work for $120,000. Before Plumbco begins the work, it notifies Mardy in writing that Leo will be doing the work instead. Mardy does not respond. When Leo fails to perform, Mardy sues Plumbco. Plumbco is: (a) liable. (b) liable only if Plumbco agreed to remain responsible for the job. (c) not liable because Mardy failed to repudiate the delegation d) not liable because Plumbco validly delegated its duties. (e) not liable because the parties entered into a novation. Strategy: Delegation does not by itself relieve the delegator of his own liability to perform the contract. In a novation, the obligee agrees to look only to the third party for performance. Was this a delegation or a novation
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