1. Roofer offered to repair Owner's roof in a workmanlike fashion by June 1, if Owner on that day would pay a $3000 debt that Roofer owed to the Bank. Owner said, "O.K." Roofer informed bankof the agreement. Roofer repaired the roof. Bank demanded payment but Owner refused.

If Bank sues Owner for $3,000,

(A) Bank will not prevail because it is only an incidental beneficiary and cannot enforce Owner's promise.

(B) Bank will not prevail, because Owner's promise is an oral promise to answer for the debt of another.

(C) Bank will prevail, because it is an assignee of Owner's promise.

(D) Bank will prevail, because it is a third party beneficiary of Owner's promise.

Pick the best answer and explain your reasoning for that answer as well as why the other answer choices are incorrect.

1. Remember our fact pattern from Discussion Question A? Here it is again with different questions to answer.

Assume you are in the management office, signing a lease on a new apartment. You notice that the lease has a prohibition against pets. You go ahead and sign even though you were planning to get a puppy to keep in the apartment. Assume there is a merger clause. You ask the landlord as you are signing whether it would be okay to buy a small puppy and keep in the apartment, and the landlord replies "we have made arrangements for other tenants, just let us know." You buy the puppy a few weeks later and get her settled in the apartment and go down to the management office to let the landlord know. He says that he charges an extra $500 deposit for animals, and in any event, the dog is too big and he will not accept it.

Now let's assume you cannot enforce the landlord promise about the puppy. You decide you have to find another apartment. You leave your lease early and rent another puppy friendly apartment. The lease at your old apartment still has 6 months left.

1. Are you liable for the full 6 months? Why or why not?
2. What facts must your landlord show to demonstrate that she has made an attempt to reduce your damages and what is that called?

Now assume the lease for your old apartment has a provision in it that said in the event of early termination by the tenant, the tenant would be liable for one month of additional rent.