Jessica Contracts with a Custom Furniture Maker for the Construction

question 22

Multiple Choice

Jessica contracts with a custom furniture maker for the construction of an ornate walnut desk.Jessica explains to the furniture maker that this desk is a gift for Jessica's boyfriend and that the desk should be shipped directly to the boyfriend.They agree that the desk will be delivered on June 1,2010.On May 27,2010,Jessica tells her boyfriend about the gift.Which of the following is true?

• A) Jessica has delegated the duty to deliver the desk to the furniture maker.
• B) If Jessica tells the furniture maker that there has been a change in plans and that her boyfriend is to not get the desk, the boyfriend can sue either Jessica or the furniture maker.
• C) Because the boyfriend gave no consideration for the desk, he acquires no rights to sue under the contract.
• D) Jessica and the furniture maker have entered into a novation agreement.
• E) The boyfriend can recover from the furniture maker if the furniture maker delivers a defective desk.