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Fennel and McLeod entered into a binding contract whereby McLeod was to perform

ID: 419454 • Letter: F

Question

Fennel and McLeod entered into a binding contract whereby McLeod was to perform routine construction services according to Fennell's blueprints. McLeod transferred the contract (this includes both an assignment of rights and a delegation of duties) to Conerly. After the assignment Select one: a. Fennell can bring suit under the doctrine of anticipatory breach. b. McLeod extinguishes all his rights and duties under the contract. C. McLeod does not extinguishes his rights or his duties under the contract. d. McLeod still has all his rights but is relieved of his duties under the contract. e. none of the above.

Explanation / Answer

The case is about the binding contract between Fennel and McLeod. Fennel has given the blueprint according to which Mcleod has to discharge their services of construction.

Mcleod has transfer the contract to Conerly.

Option a shows that the Fennel can bring a suit under the doctrine of anticipatory breach. But this option is not correct here as anticipatory breach is the premature destruction of contract but here the transfer is done after the assignment has been completed. The work is not incomplete. So, it is the duty of the binding party that they have to finish the contract on time and within specific boundaries. Siut can't be filled in this case as assignment is completed before transfer of contract.

Option b and c i not correct because Mcleod does not extinguses their rights. Here they actually transfer their duties not abolish their duties. Hence option b is wrong and option c is incomplete as they does not extinguses their duties but they transfer their duties to perform the assignment.

Hence option d is correct in this case.