Judge Hudson Marley is retiring next year. He has been on the bench for over 40 years. As is custom, all retiring judges have their portraits painted by local artist, Mary Osborne Smith. Ms. Smith’s work is renowned and Judge Marley is looking forward to working with her. Th e court enters into a contract with Mary. In the contract, there is a clause that states that “Artist may not assign or delegate any rights or duties in this contract. Th e Court is hiring Mary Osborne Smith exclusively and solely.” Judge Marley begins sitting for Mary weekly. He notices that she has an assistant sketching alongside her. Th e assistant appears to be sketching on the canvass for which the Judge’s portrait is to be painted. Mary failed to tell the court that she has arthritis and has diffi culty painting for long periods of time, which is why she has an assistant helping her. Th e Judge is furious and communicates what he has seen to the Chief Judge of the court. Th e court wants to sue Mary based on the above nonassignment and delegation clause. What are Mary’s arguments that she has not breached the contract? Does the court have a remedy against Mary for breach of contract?
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