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Emilia's state hired Emilia, a musician, to create a theme song
for the state's public school system. Two disputes between the
parties eventually led them to court. First, the contract called
for Emilia to be paid $12,000, but the state actually paid Emilia
in bonds worth $12,000. Second, the contract was unclear
about the length of the theme song. It said that the song had to
be "of length no less than thirty (60) seconds," and the parties
could not agree whether 30 seconds or 60 seconds was correct.
Using the established guidelines of contract construction, which
one of the following is the court most likely to determine?
Select one:
A. Emilia must be paid in cash, and the song must be at least 60
seconds long.
B. Emilia can be paid in bonds, and the song must be at least 60
seconds long.
, C. Emilia can be paid in bonds, and the song must be at least 30
seconds long.
D. Emilia must be paid in cash, and the song must - Answer: D.
Emilia must be paid in cash, and the song must be at least 30
seconds long.
Emilia must be paid in cash, and the song must be at least 30
seconds long. Words prevail over numbers.
In general, if a party assigns rights and delegates obligations to
an assignee, but a third party to the contract has a defense
against the assignor, the third party can assert that same
defense against
Select one:
A. The assignee only.
B. The assignor only.
C. Either the assignee or the assignor, but not both.