Reference no: EM133810944

Question

Jennifer Williams was hired by Mark Taylor to paint a special mural as an accent wall in the kitchen of his home as an anniversary gift for his wife. Ms. Williams is an extremely well know artist, and her work is well known. Mr. Taylor's wife is an artist and has been a fan of Ms. Williams's work for quite some time. At the time of the contract, Ms. Williams was too busy to start on the project, so she assigned her assistant and working partner, Kathy Johnson, to do the work for Mr. Taylor. Mr. Taylor sued Ms. Williams for breach of contract. What is true about this situation?

Mr. Taylor will lose because Ms. William has assigned the work, and it will be done under the assignee to whom rights subsequently are transferred. Mr. Taylor will lose because Ms. Williams, under vertical privity of contract, has assigned the work so that the original contract will be done by another individual. Ms. Williams will lose because Personal Service Contracts are not assignable. Ms. Williams will lose because of substantial performance, where there have been minor deviations from contract specifications.