Question
Kim and Kanye have a contract with Franklin's BBQ (widely considered to be the best BBQ in America) for Franklin's to cater their wedding reception.
Kim and Kanye have a contract with Franklin's BBQ (widely considered to be the best BBQ in America) for Franklin's to cater their wedding reception. Franklin's is too busy to perform under the contract, so Franklin's asks Bad Mmm's to do it instead. Bad Mmm's agrees, and provides even better food to Kim and Kanye than Franklin's would have. Kim and Kanye sue Franklin's for breaching the contract. Who wins?
Kim and Kanye, because Franklin's duty was specific to Franklin's and threfore could not be delegated
Kim and Kanye, because you can never delegate a duty under a contract without the consent of the other party to the contract
Franklin's, because there was nothing specific about Franklin's that necessitated Franklin's to perform its duty instead of someone else
Franklin's, because the general rule is that parties to a contract may delegate their duties to a third party
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