Question

jim's contract with frank obligated jim to pay frank $10,000. frank properly assigns the contract to abel. at that time, abel notifies jim about the assignment. jim, however, forgets and pays the $10,000 to frank. by this time, abel is screaming for his money. however, by then, frank goes into bankruptcy. in this case: a. abel is out of luck because his notification was oral rather than written. b. jim is liable to abel not for the $10,000, but for his breach of the implied warranty that the assignor is solvent. c. jim is liable to abel for $10,000. d. abel is out of luck because jim performed his obligation by paying frank.

Answer 1

D, because Jim’s contract was with Frank and it was not Jim’s fault that he paid according to the contract. Since there was no written contract it is Able’s fault for not ensuring he got it in writing.