Facts: Ralph calls Pendrake's Pest Control and schedules an appointment on Friday to have his home and yard treated for termites. However, on Thursday, Pendrake realizes that he has overbooked his appointments for Friday and simply doesn't have time to treat Ralph's home. Instead, he calls a competing pest control service, Mandrake's Termite Control, and delegates the job to them.

On Friday, Mandrake arrives at the house and begins treating it for termites. Ralph walks outside and demands to know why Pendrake isn't there doing the work. Mandrake shrugs and says, "he gave the job to us" and completes his work.

1. When Pendrake sends the termite treatment bill, Ralph refuses to pay on the grounds that he signed an agreement with Pendrake - not Mandrake. Further, Ralph argues, if Pendrake wanted to give the job to someone else, "you should have asked for my permission!" If Pendrake sues Ralph for breach of contract, what is the likely result? Explain your response.

2. Suppose Mandrake used an inferior grade pesticide and, as a result, killed nearly all of the decorative landscaping (flowers, shrubbery, etc.) around Ralph's house. If Ralph sues Pendrake for the damages, what is the likely result? Explain.