Question

1. beyonce contracts with annie beibovitz, a famous photographer, to photograph her for a portrait to her personal satisfaction. soon thereafter, annie is asked by lady gaga to take her official portrait to her personal satisfaction. annie is not able to do both, so she contracts with heidi, another famous photographer, to do beyonces photo session. heidi shows up and beyonce refuses to let her in for the session, saying she does not know her and wants annie to do her photos as agreed. beyonce will be liable to heidi for breach of contract for failure to allow heidi to perform the contract. True or False?

2. If annie leibovitz is in financial trouble and assigns her fees from beyonce and lady gaga to her creditors, the creditors will be able to reject the assignment because the money is not coming from annie. True or False?

3. if the creditors were not paid under the assignment, they would be able to sue annie even though annie made an assignment of her fees from beyonce and lady gaga. True or False?

4. if the creditors were not paid under the assignment, they would not be able to sue annie if there was a novation. True or False?

5. if beyonce does not like heidis work when heidi is finished, beyonce doesnt have to pay annie and there is no breach of contract. True or False?

6. if heidi gets to beyonces to do the portrait and beyonce agrees and attempts to include jay-z and their three kids in the photos, heidi can reject the inclusion of beyonces husband and three children as increasing her burden too susbtantially to allow the delegation. True or False?

Answer 1

1. beyonce contracts with annie beibovitz, a famous photographer, to photograph her for a portrait to her personal satisfaction. soon thereafter, annie is asked by lady gaga to take her official portrait to her personal satisfaction. annie is not able to do both, so she contracts with heidi, another famous photographer, to do beyonces photo session. heidi shows up and beyonce refuses to let her in for the session, saying she does not know her and wants annie to do her photos as agreed. beyonce will be liable to heidi for breach of contract for failure to allow heidi to perform the contract. True or False?

False

The primary contract was between Beyonce and Annie. When Annie asked Heidi to photograph for Beyonce, no prior permission or agreement was sorted with Beyonce for the same. In other words, Beyonce’s permission to go with Heidi was not binding to the contract with Heidi. Hence Beyonce is not liable for the breach. Rather, Annie is because she agreed and entered into a contract with Beyonce but fail to oblige the same.

2. If annie leibovitz is in financial trouble and assigns her fees from beyonce and lady gaga to her creditors, the creditors will be able to reject the assignment because the money is not coming from annie. True or False?

True

Beyonce and Lady Gaga has entered the contract with Annie and not with that of her creditors. Therefore, the creditors will be able to reject the assignment as they are not the direct parties to the contract nor is Beyonce or Lady Gaga known to it. There was no express agreement with that of the assignee.

3. if the creditors were not paid under the assignment, they would be able to sue annie even though annie made an assignment of her fees from beyonce and lady gaga. True or False?

True

Since the creditors have the right to reject the assignment, they also stand the right to sue Annie for non-payment of the contracted dues that Annie owes to them. Annie’s assignment of her fees to the creditors stand void since it is not contracted among the creditors and Beyonce or Lady Gaga. So ideally, Annie should collect the fees and then pay the same to the creditors to avoid any suits.

4. if the creditors were not paid under the assignment, they would not be able to sue annie if there was a novation. True or False?

False

In novation, the consent of the all the parties in the original contract is essential. In the above case, if Annie fails to inform the creditors about the novation, then the creditors can sue her for the same.