Author Question: If a contract calls for personal services, the death or physical incapacity of the person to perform ... (Read 191 times)

abarnes · **on:** Jun 24, 2018

If a contract calls for personal services, the death or physical incapacity of the person to perform such services discharges the contract.
Indicate whether the statement is true or false

Question 2

A professor owned a home next door to a very dilapidated, neglected home. John Cataldo purchased the home next door and made a contract with Wizard Home Improvements for a complete renovation of the property. The professor was delighted because the improvement of the Cataldo home was upgrading the neighborhood and raising the value of the professor's home. After making the last required payment on the contract, John Cataldo became seriously ill and ultimately was taken to a nursing home for care. When Wizard learned of Cataldo's illness and confinement, Wizard ceased work on the Cataldo home. Because the outside renovation work had not been completed, the premises began to return to its former rundown condition. The professor ultimately sued Wizard as a third-party beneficiary of the contract between Cataldo and Wizard. What is the probable outcome of the lawsuit?

qytan · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

TRUE

Answer to Question 2

The professor's lawsuit will be dismissed. Although the professor was benefited by the contract between Cataldo and Wizard, the professor was merely an incidental beneficiary. There was no intention to benefit the professor when the contract was made.