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12. Is the chef obligated to permit Newman to perform the chef-decorator agreement?
A famous chef entered into a written agreement with his friend, a well-known interior decorator respected for his unique designs, in which the decorator agreed, for a fixed fee, to design the interior of the chef's new restaurant, and, upon the chef's approval of the design plan, to decorate and furnish the restaurant accordingly. The agreement was silent as to assignment or delegation by either party. Before beginning the work, the decorator sold his decorating business to Newman under an agreement in which the decorator assigned to Newman, and Newman agreed to complete, the chef-decorator contract. Newman, also an experienced decorator of excellent repute, advised the chef of the assignment, and supplied him with information confirming both Newman's financial responsibility and past commercial success.
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A is incorrect because delegation is restricted in this case even though the contract is silent on the issue.
B is incorrect because the chef need not accept the delegation regardless of assurances of performance from Newman.
D is incorrect because a novation would require express agreement from the chef to substitute Newman for the decorator.