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Theresa has a contract to teach eighth grade at Washington Middle School. She decided she could make more money writing a book, so she assigns her teaching contract to her friend, Stephanie, who is also a licensed teacher. The duties under the teaching contract:a. The duties under the teaching contract are nondelegable.b. The duties which Theresa has attempted to delegate are personal in nature.c. If the school district agrees to accept Stephanie's services, a novation would occur, which would relieve Theresa of her obligation to the school district.d. All of the above are correct.

User NickMcB
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Final answer:

The duties under the teaching contract are nondelegable, personal, and a novation would occur if the school district agrees to accept Stephanie's services, which would relieve Theresa of her obligation. Option d.

Step-by-step explanation:

The situation described with Theresa and Stephanie involves legal principles related to employment and contract law within the education sector. We can assess the scenario based on those principles, particularly around the assignment and delegation of contract duties, as well as the concept of novation.

Nondelegable duties often exist in contracts that involve highly personalized services. In the case of a teaching contract, the services are typically considered personal because they are based on the unique skills, qualifications, and certifications of the hired teacher.

Given that teaching positions usually require specific credentials and bear personal responsibility for student outcomes, the duties under the teaching contract being delegated by Theresa are certainly personal in nature, which makes the delegation potentially problematic without consent.

However, if the school district agrees to accept Stephanie to fulfill Theresa's contract, a legal concept called novation would occur.

Novation is the substitution of a new contract in place of the old one, with the consent of all parties, and would relieve Theresa of her prior obligations to the district as Stephanie effectively becomes the new contracting party.

Therefore, the correct answer is d. All of the above are correct. The duties are nondelegable, personal in nature, and novation would relieve Theresa of her contractual obligations upon agreement of the school district. Option d.

User Sklavit
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Answer: the correct answer is all of the above are correct.

User Bincy Baby
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