Dolores Van de Laer and her husband, Harry, recently had an in-ground pool constructed in their backyard. To protect their seven children, they hired Ruth, a certified lifeguard, to teach the family proper swimming techniques and basic rescue procedures. From the beginning, Ruth had difficulty keeping the older children in line while she assisted the younger ones. She complained to Dolores and Harry, and even though they spoke to the children, the situation did not improve. After a few lessons, Ruth told the Van de Laers that she could not take it anymore and that she had arranged to have her friend Kirk, also a certified lifeguard, replace her as their swimming instructor. Dolores and Harry grudgingly agreed to the new arrangement. They soon discovered that Kirk was great with all of the children and that he was also experienced at pool maintenance. Neither Dolores nor Harry had much luck keeping the pool's pH balanced, so they instructed Kirk to take over that responsibility as well.

Later that summer, Kirk bumped into Ruth at a friend's pool party. When she asked how the job was going, Ruth was surprised to learn that Kirk was disappointed with the pay. Ruth had thought the pay was quite good, but apparently the Van de Laers were paying Kirk $50 less per week than they had promised Ruth. When Kirk learned this, he was outraged that the Van de Laers had taken advantage of him. The next day, before beginning the lesson, Kirk spoke with Dolores and demanded to receive the money she owed him under the original agreement with Ruth. Additionally, he asked for an extra $25 per week as payment for the pool maintenance. Dolores refused to pay Kirk any extra money. She claims that the original agreement with Ruth was discharged by agreement and that a new one with different rights and obligations was created with Kirk. Kirk, however, argues that there was a novation and that he adopted the same rights and obligations that existed under the old contract. Analyze each party's argument. Do you think Kirk is entitled to more money? Explain your answer.