Book Opener

do her printing job. He could not then delegate the job toABC Press.Pets that BiteLawsuits are oftenbrought against petowners when their petsbite people. The victimcan receive compensationfor medical costs,lost pay, and pain andsuffering. Placing petsin good homes, wherethey will be properlytrained and cared for,would eliminate someof the problems. If youwere bitten by yourneighbors’ dog,would you sue them?Why or why not?Get InvolvedContact your localanimal shelter or yourlocal branch of theHumane Society andlearn how you canvolunteer. Speak toyour science teacher,and volunteer to takecare of the animals inyour science classroom.Duties that require personal skill and judgment, such as the workof teachers, writers, artists, or entertainers, cannot be delegated to others.Such persons are selected to perform their services because of their particularskills or talents. Another person would not be able to performthe services in same manner.The offeror and the offeree may include in their contract a statementthat the contract may not be assigned or delegated. In this case, bothparties are restrained.Example 7. Herbert Ryan contracted to build a garage forRoberta McGovern. The contract said Herbert would do the workhimself and could not assign or delegate the contract to any outsidethird party. Ordinarily a contract of this type could beassigned or delegated to another competent builder, but the wordsof this particular contract would prevent any such action.If you have the right to delegate a contractual obligation and decideto do so, choose your third party carefully. As explained earlier, you retainresponsibility for any job duties that you subcontract, or assign toa third party. If you select an unreliable third party, you may end upcausing yourself a great deal of anxiety or frustration.NovationYou don’t need the permission of the other party to assign contractrights or to delegate duties to a third person. If you do receive permissionto do so, however, and the other party agrees to deal with theassignee, the resulting contract is called a novation. A novation is anagreement whereby an original party to a contract is replaced by a newparty. The other terms of the new contract generally remain the same asthose in the original contract. To be effective, the substitution requiresthe consent of all of the parties involved.248 Unit 2: Entering Into ContractsExample 8. One of the jobs that Ivan Remec delegated to ABCPress was printing a book of poetry for Henrietta Gladstone. ABCPress agreed to do the work, and Ivan assigned the right to receivethe money to ABC’s owner, Stanley Novak. Henrietta agreed torelease Eastern Print Shop from all obligations and deal solelywith ABC Press. This substitution of parties was a novation.Third PartiesA contract is a binding agreement that establishes a relationshipbetween the parties to the contract. This relationship between the parties