Question

Jean has a specific set of plans to build a house. The plans are detailed, and any contractor can construct the house. Jean secures bids, and the low bid is made by Bond Contractor. Jean contracts with Bond to build the house for $100,000. Bond then receives unexpected business from elsewhere. To meet the build date in the contract with Jean, Bond delegates its obligation to build the house, without Jean's consent, to SIC Contractor, a reputable contractor. When the house is finished, Jean learns of the delegation and refuses to accept the house, even though the house is built to her specifications. Discuss fully whether Jean is obligated to accept and pay for the house. Would your answer be any different if Jean had not had a specific set of plans but had instead contracted with Bond to design and build a house for $100,000? Explain your answers! Must be 115 words or more.

Answer 1

Jean's plans for the house were already set in the beginning. Everything was detailed. Her house could be built by any contractor. It was not a task requiring specualises personal skills or unique characteristics of the contactor. The contract was to get her house built just as she had specified. Bond delegated the task to a reputed contractor who built the house to her specifications. As per the contact, Bond got her house built in time just as she wanted. So Jean is obligated to accept and pay for the house.

It would have been a different thing if she did not have a specific set of plans but had instead contracted with Bond to design and build a house because in this case, Bond would be required to use his specialised skills in designing and building the house and delegation of the task would amount to breach of contract.