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MMLU-Pro / 908 / An owner entered into a written contract with a landscaper whereby the…

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An owner entered into a written contract with a landscaper whereby the landscaper promised to landscape the exterior of the owner's house for the sum of $5,000. According to their agreement, the owner was to pay the money to the landscaper's son. The landscaper intended to have the $5,000 given to his son as a graduation present. After the landscaper completed the job, the landscaper requested that the owner pay the 5,000tohiminsteadoftohisson.Theownerpaidthelandscaper.Thenextday,thesonlearnedofthecontractbetweenthelandscaperandtheowner,aswellasthepaymenttohisfather.Inanactionbythesonagainsttheownerfor5,000 to him instead of to his son. The owner paid the landscaper. The next day, the son learned of the contract between the landscaper and the owner, as well as the payment to his father. In an action by the son against the owner for 5,000, the plaintiff will most likely
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An owner entered into a written contract with a landscaper whereby the landscaper promised to landscape the exterior of the owner's house for the sum of $5,000. According to their agreement, the owner was to pay the money to the landscaper's son. The landscaper intended to have the $5,000 given to his son as a graduation present. After the landscaper completed the job, the landscaper requested that the owner pay the 5,000tohiminsteadoftohisson.Theownerpaidthelandscaper.Thenextday,thesonlearnedofthecontractbetweenthelandscaperandtheowner,aswellasthepaymenttohisfather.Inanactionbythesonagainsttheownerfor5,000, the plaintiff will most likely 
Original LaTeX notation
An owner entered into a written contract with a landscaper whereby the landscaper promised to landscape the exterior of the owner's house for the sum of $5,000. According to their agreement, the owner was to pay the money to the landscaper's son. The landscaper intended to have the $5,000 given to his son as a graduation present. After the landscaper completed the job, the landscaper requested that the owner pay the $5,000 to him instead of to his son. The owner paid the landscaper. The next day, the son learned of the contract between the landscaper and the owner, as well as the payment to his father. In an action by the son against the owner for $5,000, the plaintiff will most likely 

category

law

options

  1. prevail, because the written contract between the owner and the landscaper operated as a valid assignment to the son.
  2. not prevail, because the owner and the landscaper effectively modified their agreement, thereby depriving the son of any rights he may have had.
  3. not prevail, because the son was not a party to the original contract.
  4. prevail, because the son was the intended beneficiary under the terms of the written contract between the owner and the landscaper.
  5. prevail, because the owner breached the contract by not paying the son.
  6. not prevail, because the son did not give any consideration.
  7. not prevail, because the landscaper, as the original contractor, had the right to alter the terms of payment.
  8. not prevail, because the son was not directly involved in the contractual agreement.
  9. prevail, because the son was a third party beneficiary of the contract.
  10. prevail, because the owner had a duty to honor the original agreement.

src

ori_mmlu-professional_law

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