Avery performs services for Charles for $10,000. Avery assigns his right to receive the $10,000 to D Finance Charles refuses to pay D the $10,000. Charles makes two arguments for not paying. First Charles claims that D has no privity of contract and that D is not a third party beneficiary of its contract with Avery. Second - Charles claims that the services were performed poorly and were worthless. Assume that the services were worthless. You are the judge. Who wins and why? Address both arguments that Charles makes.