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Assume for this question only that Jim's agreement to the Tractor Company was evidence in writing; however, it was not signed by Jim or Dwight If both Jim and Dwight failed to make payments and Tractor sued both Jim and Dwight, what is the likely result? A. Tractor would prevail against both Dwight and Jim b. Tractor would prevail against Dwight but lose against Jim c. Both Jim and Dwight would prevail 22. Under the circumstances, what facts would need to occur in order for there to be a novation? a. Tractor accepted Jim's promise to perform Dwight's duties and Tractor released Dwight from any obligation. b. Jim accepted Dwight's duties in full to Tractor and Jim released Dwight from further obligation c Tractor accepted Jim's promise to perform Dwight's duties under the contract. Questions 23-27 are based on the following: Aristotle entered into a contract with Plato wherein Plato agreed to paint Aristotle's home for $5,000. Aristotle prepaid Plato. 23. Assume for this question that Plato soon realized that he overbooked himself and could not perform Aristotle's job in a timely fashion. Not wanting to be sued by Aristotle, Plato contracted with Homer for Homer to paint the Aristotle's home. This transaction can best be described as: a. Assignment b. Delegation c Third Party Beneficiary Contract d. Novation 24. Given the facts in the question above; if Homer failed to paint Aristotle's home, Aristotle would have a right to sue: a. Plato b. Homer c, Plato and Homer d. Neither as novation occurred

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