EstatePass
ContractsContract_assignment_and_novationMEDIUM

Phoenix Construction signs a contract with the Owens family to build a custom home. After framing begins, Phoenix hires a separate framing subcontractor to perform that portion of the work. The Owens family is not asked to consent to a substitution and does not release Phoenix from any obligation. The subcontractor abandons the job partway through, leaving exposed framing. The Owens family wants to know which legal arrangement determines whether they may still pursue Phoenix for completion of the framing work. Which mechanism describes what Phoenix did when it shifted the framing performance to the subcontractor?

Correct Answer

A) Delegation

Phoenix transferred performance of the framing duty to a subcontractor without obtaining the Owens family's consent to substitute parties. Because no novation occurred, Phoenix remains on the hook for performance — exactly the consequence of a delegation of duties.

Answer Options
A
Delegation
B
Novation
C
Assignment
D
Loan assumption

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Contracts Question

Sign up free to unlock full analysis

Background Knowledge for Contracts

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Contracts

Sign up free to unlock full analysis

Common Mistakes to Avoid on Contracts Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

subcontractor performanceno releasegeneral contractor liableshifted dutiesframing work
Was this explanation helpful?

More Contracts Questions

People Also Study

Contracts Questions

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing