Question
A. Debtor and Visa Credit Company (Visa) entered into agreement. Visa agreed to extend credit to Debtor in the amount of $5,000 to be paid
A. Debtor and Visa Credit Company (Visa) entered into agreement. Visa agreed to extend credit to Debtor in the amount of $5,000 to be paid in full monthly or by meeting the minimum amount owed monthly. Debtor agreed to the repayment and other contractual language. The contract began on January 1.
Debtor spent $5,000 the first month. When the billing statement arrived from Visa, he did not pay. He did not pay in March or April. Visa contracted with ABC Collection Agency (ABC) to collect the debt from Debtor on their behalf. ABC contacted Debtor about the debt.
1. Label the parties in the scenario. Parties may have more than one label.
2. Who are the original parties to the contract?
3. Was there an assignment? Explain your answer.
4. What step would ABC need to take to collect the debt from Debtor?
4. If in the attempt to collect the debt, ABC engaged in contacting Debtor by phone at 3a, 5am and Midnight, in renting a billboard across from Debtor's job displaying Debtor's debt and failure to pay, and in posting the same on Debtor's social media, who would be responsible and why?
5. Excluding interest and late fees, can ABC get more than the $5,000 from Debtor that is owed to Visa? Explain your answer.
6. If after the assignment Debtor pays Visa, does Debtor still owe ABC? Why or Why not?
B. Landlord and Tenant enter into a lease agreement. Landlord agrees to keeping the interior of the unit habitable and the exterior and grounds maintained. Tenant agrees to pay rent timely and not destroy, deface, or injure the property. Landlord hires XYZ Maintenance and Management Team to maintain the interior, exterior and the grounds and collect the rent. Landlord sent notice to Tenant to pay her rent to XYZ and to notify Tenant that XYZ would be maintaining the interior, exterior and the grounds.
1. Label the parties in the scenario. Parties may have more than one label.
2. Who are the parties to the original contract?
3. What step would Landlord need to take to make a delegation? Explain your answer.
4. Was there a delegation between Landlord and XYZ? Why or why not?
5. If Tenant lived in a 20 unit building that Landlord owned, would Landlord need to send letters to every tenant every time Landlord changed maintenance companies? Why or why not?
6. What contractual document between Landlord and the parties would help Landlord avoid sending multiple letters?
7. If XYZ employees, used their passkey to enter Tenant's apartment while she wasn't home to shower, watch television and eat food from her refrigerator, who would be responsible for their actions? Explain your answer.
8, If Landlord agreed with Tenant to mow the grass on the property, can Tenant sue and win when XYZ mows the lawn but won't plant tulips at Tenant's request? Explain your answer.
9. Is asking Tenant to pay her rent to XYZ an assignment or delegation?
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