Misgana ran into Tarja at their local gym. Tarja, it turns out, operated an art gallery that did custom framing and mounting. Misgana had some beautiful prints she wanted to have put into special frames and agreed to pay Tarja $400 to have this done. Tarja passed the task along to her new assistant, Shandy. Shandy used the wrong adhesive when mounting the prints, which meant they did not stick properly to the backing. Which of the following is true?

A) Misgana could successfully sue only Shandy or Tarja for breach of contract, whichever she chooses, but not both.
B) Misgana could successfully sue only Tarja for breach of contract.
C) Misgana could only sue Shandy because she is the one who did a poor job of the framing.
D) Misgana could successfully sue Shandy and Tarja for breach of contract because both were connected with the job.
E) If Tarja doesn't pay Shandy, Shandy could sue Misgana directly for her pay because she worked on Misgana's prints.

Question

Jarred Scicluna · Accepted Answer

Final Answer : B, Explanation :  Misgana entered into a contract with Tarja, not Shandy. Tarja, as the business owner and the one who agreed to provide the service, is responsible for the actions of her employees, including any breach of contract. Misgana's legal recourse for the breach would be against Tarja, the party with whom she has a contractual relationship.

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