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MMLU / A woman hired a builder to build a house according to certain plans and…

Problem

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question

A woman hired a builder to build a house according to certain plans and specifications prepared by the woman's architect. The agreed upon price was 250,000,withconstructiontobecompletedwithinfourmonths.Twoweeksafterthebuildingcontractwasformed,thebuildercontactedalumberyardtopurchasewoodnecessaryfortheconstructionofthehouse.Thebuilderandtheownerofthelumberyardenteredintoavalidwrittenagreementwherebythelumberyardwastosupplythenecessarylumberinexchangefor250,000, with construction to be completed within four months. Two weeks after the building contract was formed, the builder contacted a lumber yard to purchase wood necessary for the construction of the house. The builder and the owner of the lumber yard entered into a valid written agreement whereby the lumber yard was to supply the necessary lumber in exchange for 10,000, payable by the builder within 30 days. One week later, a fire destroyed a good portion of the lumber yard's supply of lumber. As a result, the lumber yard refused to supply lumber to the builder. The builder was unable to find another supplier of lumber and therefore notified the woman that he would be unable to complete her building on time. If the woman sues the owner of the lumber yard for breach of contract, will she prevail?
Plain-text mathematical notation (without MathML)
A woman hired a builder to build a house according to certain plans and specifications prepared by the woman's architect. The agreed upon price was 250,000,withconstructiontobecompletedwithinfourmonths.Twoweeksafterthebuildingcontractwasformed,thebuildercontactedalumberyardtopurchasewoodnecessaryfortheconstructionofthehouse.Thebuilderandtheownerofthelumberyardenteredintoavalidwrittenagreementwherebythelumberyardwastosupplythenecessarylumberinexchangefor10,000, payable by the builder within 30 days. One week later, a fire destroyed a good portion of the lumber yard's supply of lumber. As a result, the lumber yard refused to supply lumber to the builder. The builder was unable to find another supplier of lumber and therefore notified the woman that he would be unable to complete her building on time. If the woman sues the owner of the lumber yard for breach of contract, will she prevail?
Original LaTeX notation
A woman hired a builder to build a house according to certain plans and specifications prepared by the woman's architect. The agreed upon price was $250,000, with construction to be completed within four months. Two weeks after the building contract was formed, the builder contacted a lumber yard to purchase wood necessary for the construction of the house. The builder and the owner of the lumber yard entered into a valid written agreement whereby the lumber yard was to supply the necessary lumber in exchange for $10,000, payable by the builder within 30 days. One week later, a fire destroyed a good portion of the lumber yard's supply of lumber. As a result, the lumber yard refused to supply lumber to the builder. The builder was unable to find another supplier of lumber and therefore notified the woman that he would be unable to complete her building on time. If the woman sues the owner of the lumber yard for breach of contract, will she prevail?

choices

  1. Yes, because by operation of law the woman is an equitable assignee of the builder's claim against the owner of the lumber yard for breach of contract.
  2. Yes, but only if the builder's contract with the owner of the lumber yard was not discharged by the fire.
  3. No, because privity of contract does not exist between the woman and the owner of the lumber yard.
  4. No, because the woman is only an incidental beneficiary of the contract between the builder and the owner of the lumber yard.

subject

professional_law

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Source and history

task_id
52320964-60f3-55f8-a5a7-170cd98db18f
task_key
all--test--52320964-60f3-55f8-a5a7-170cd98db18f
task_revision_id
1
config / split
all / test

Official source

initial import