Portraits. Belinda, a famous portrait painter, agreed to paint Harry\'s portrait
ID: 1163021 • Letter: P
Question
Portraits. Belinda, a famous portrait painter, agreed to paint Harry's portrait for $5,000. She also agreed to paint the portraits of Michelle's two Welsh Corgi dogs, Baby and Bree. Michelle agreed to pay Belinda $12,000 for the portraits. Belinda charged Michelle more because dogs annoyed her. Belinda met the spoiled dogs, and they really got on her nerves. Plus, she was behind on finishing Harry's portrait. Belinda, therefore, proceeded to assign the right to receive the money for the dog portraits and the duty to paint the dog portraits to her assistant, Fred. He eagerly accepted and painted the portraits. As payment for amounts she owed him for various duties, Belinda also assigned to Fred the right to receive payment from Harry. Neither the contract Belinda had with Harry nor the contract she had with Michelle expressly prohibited assignment or delegation of contractual rights and duties. Belinda finished the portrait of Harry and called him to come and pick it up. Meanwhile, a disgruntled secretary who disliked Belinda told both Michelle and Harry about the agreements with Fred. Michelle was furious and refused to pick up the portrait or pay anyone. Harry likewise refused to pay for his portrait claiming that the right to payment could not be assigned. What would be the most likely result if Fred sues Harry for the $12,000 payment?
Fred will lose unless Fred can prove that he was ignorant of the fact that Harry did not want the benefits assigned.
Harry will win because the portrait was personal in nature and could not be assigned.
Harry will win because he did not expressly agree to the assignment.
Fred will win because the right to receive payment could be validly assigned.
Fred will win unless Harry can prove that Fred knew that Harry did not want the benefits assigned.
Explanation / Answer
Every contract creates certain rights and duties. By an assignment, the person who has a right to receive a payment (the obligee) transfers the right to receive that same payment from the same person (obligor) to another person (third person).
In this case, Belinda, the famous portrait painter becomes the obligee who transfers the right to receive payments from the obligors to a third party named Fred who is her assistant. It has clearly been mentioned that “Belinda also assigned to Fred the right to receive payment from Harry. Neither the contract Belinda had with Harry nor the contract she had with Michelle expressly prohibited assignment or delegation of contractual rights and duties.”
It is due to this above statement that it is clear that the payment could be assigned and Fred has the right to receive the payment. Therefore the correct option is:
Fred will win because the right to receive payment could be validly assigned.