Toni, a famous portrait photographer, agreed to photograph the portraits of fate two cocker spaniels, King and Queen. Fate agreed to pay Tori Birch $10,000 for the two cocker spaniel photograph sessions. Toni subsequently fell behind on other projects, so she was unable to photograph the dogs. As such, she assigned the right to receive the money for the dog portraits to her assistant, Larry and delegated the duty to Larry to photograph the dogs. Larry eagerly accepted and photographed the cocker spaniels. The contract Toni had with fate did not address assignment in any way. fate found out about the assignment and delegation to Larry and was furious and refused to pick up the photographs or to pay anyone.

What would be the most likely result if Toni sues fate for the $10,000 payment?

1. What is the ISSUE in this hypo? (What is the question that must be answered in order to determine the result of the lawsuit?)

2. What is the applicable rule to answer the question (and please define it)?

3. What is the result and why?