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On December 10, a housepainter entered into a contract with a homeowner to paint her house for $8,000, to be paid on completion of the work. On December 20, before the work was completed, the painter sent a letter to the homeowner telling her to pay the $8,000 to one of his creditors, whom he identified by name. The painter sent a copy of the letter to the creditor, then completed the work.
The homeowner refuses to pay the creditor, and the creditor sues the homeowner for the $8,000. Which of the following, if true, will act as her best defense?
(A) The creditor was not the intended beneficiary of the painter-homeowner contract.
(B) The creditor was incapable of performing the painter's work.
(C) The painter had not performed his work in a workmanlike manner.
(D) The assignment was not valid because it was made without consideration.
my question is:
Is is horrible that my eye glazed over and I stopped reading NBT's question 1/2 way in when I realized it had legal connotations?
No, I think that just means you still have a soul.
On December 10, a housepainter entered into a contract with a homeowner to paint her house for $8,000, to be paid on completion of the work. On December 20, before the work was completed, the painter sent a letter to the homeowner telling her to pay the $8,000 to one of his creditors, whom he identified by name. The painter sent a copy of the letter to the creditor, then completed the work.
The homeowner refuses to pay the creditor, and the creditor sues the homeowner for the $8,000. Which of the following, if true, will act as her best defense?
(A) The creditor was not the intended beneficiary of the painter-homeowner contract.
(B) The creditor was incapable of performing the painter's work.
(C) The painter had not performed his work in a workmanlike manner.
(D) The assignment was not valid because it was made without consideration.
The answer is D, because it is the only one I don't understand.
No, the answer is C. Are you trying to make me fail the Bar? How can I ever trust you again?
The best place to buy Amerkin is right here in the US of A!
Ooohhh, wait ... a merkin. There are very few places to buy a decent merkin anymore. If you really need one, and I mean really need one, it will find you.
Alternately, you may want to PM tweeprise2 and see if he found anything for his missing nipple beards. If so, his dealer may be able to hook you up.
The answer is D, because it is the only one I don't understand.
No, the answer is C. Are you trying to make me fail the Bar? How can I ever trust you again?
That was a test, NBF. And you passed. You can now be confident that you will ace the Bar, so there's no need to study anymore. I'd recommend ditching your BARBRI classes and just staying tanked in celebration between now and the Bar.
Post by billypilgrim on Jul 9, 2010 17:47:14 GMT -5
Sakineh Mohammadi Ashtiani has been in the news lately. She's the Iranian woman sentenced to die by stoning for adultery (although the sentence has purportedly been modified in some way that isn't clear). "Stoning" in this case refers to her being buried to the neck and pelted with stones until she's dead. Are there any offenses for which you think such a punishment is justified? If so, what are they and why?
Sakineh Mohammadi Ashtiani has been in the news lately. She's the Iranian woman sentenced to die by stoning for adultery (although the sentence has purportedly been modified in some way that isn't clear). "Stoning" in this case refers to her being buried to the neck and pelted with stones until she's dead. Are there any offenses for which you think such a punishment is justified? If so, what are they and why?
