Lyla Thomas hired Robert Picasso to paint two portraits, one of her and one of h
ID: 395422 • Letter: L
Question
Lyla Thomas hired Robert Picasso to paint two portraits, one of her and one of her children. Robert completed Lyla's portrait, but because of other commitments, he delegated the duty to do the portrait of the children to Jack Pluff. Robert did not tell Lyla about the delegation and when the portraits were unveiled, she was satisfied and paid him -- but she did think the children's portrait was not up to snuff. About a month later, one of her children told her about Jack painting their portrait. Lyla complained to Picasso but he said there was no clause in their contract prohibiting delegation and so he had a right to do this. Lyla argued that he had no such right. Who is correct here? Explain.
Explanation / Answer
As there is no instructions, as per the contract Picasso has to deliver the work assigned to him, which he did.
At the time of delivery of the assignment, which was two portraits, Lyla could have shown her dissatisfaction and there by changed the action. As the payment terms are with satisfactory work he should be paid.
So, after that the contract is complete, as the work was satisfactorily delivered there is no real action for Lyla as she had accepted the work against the payment.
Hence here Picasso is not at fault though it would have been better, if he had taken the permission from Lyla to avoid any conflict. Keeping her informed was the mistake he did but as there is no clause of doing it himself there is no contractual issue. Delegation is perfectly allowed.
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