Question
List the situations in which an assignor may NOT assign his contract rights. 2. What types of duties are not delegable? 3. LylaThomas hired Robert
List the situations in which an assignor may NOT assign his contract rights.
2. What types of duties are not delegable?
3. LylaThomas hired Robert Picasso to paint two portraits, oneof her and one of her children. Robert completed Lyla's portrait, but because of other commitments, he delegated the duty to do the portrait of the childrento Jack Pluff. Robert did not tell Lyla about the delegation and when the portraits were unveiled, she was satisfied and paid him -- but she did think the children's portrait was not up to snuff. About a month later, one of her children told her about Jack painting their portrait. Lyla complained to Picasso but he said there was no clause in their contract prohibiting delegation and so he had a right to do this. Lyla argued that he had no such right. Who is correct here? Explain.
4. Case Analysis: Timbercrest built a house for the Murphys. After occupying the house for a while, the Murphys complained of several problems. Timbercrest fixed the problems, and the Murphys had no further complaints. The Litwins bought the house from the Murphys three years later. When the house was sold, neither the Litwins nor the Murphys were aware of any problems. After living in the house for two years, the Litwins became aware of several problems. The Litwins then contacted the Murphys and had the Murphys assign them their rights under the original construction agreement with Timbercrest. The Litwins then sued Timbercrest, claiming Timbercrest had breached its contract with the Murphys by not providing them with a house free of defects. Were the Litwins correct?Litwins v. Timbercrest Estates, Inc.,347 N.E.2d 378 (IL 1976).
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