Question

Third-Party Woes. Trudy owed Sam $40 for a book she purchased from him. Trudy mowed Betty's yard for $40 and agreed with Betty that Betty would pay Sam for the book. Sam is not initially aware of the agreement. Betty pays no one. Trudy also mowed Bob's yard for $40 in return for Bob's agreement to give the payment to Sally representing Trudy's birthday present to Sally. Bob later refuses to do so saying that promises to give gifts are not enforceable. He then moves out of town. Trudy tells both Sam and Sally that she is broke, that Sam needs to get his $40 for the book from Betty, and that Sally is owed $40 from Bob for her birthday present. Which of the following is the likely result if Sam sues Betty for the $40 that Trudy owes him for the book?
A. Sam will win.
B. Sam will lose because his only right of action is against Trudy.
C. Sam will lose because he was not aware of the assignment before the duties were completed.
D. Sam will win, but only if he can prove that Trudy has insufficient funds with which to pay him.
E. Sam will lose because the attempted delegation was against public policy.

Answer 1

Answer: B. Sam will lose because his only right of action is against Trudy.

Explanation:

Sam had no agreement with Betty to pay him for the book. His only agreement was with Trudy and so he has no right of action against Betty. Had Trudy made him a party to the transaction with Betty, then he would have had a right of action against Betty.

His only option is to go after Trudy as she will not be able to avoid paying him because she delegated the debt, especially as she didn't tell Sam about it.