Operates a large lawn care and landscaping company

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Reference no: EM13966131

Williams and Associates operates a large lawn care and landscaping company in Northeast Florida. Business is very good, and the regular staff of Williams is not able to keep up with all the work. Williams explains this to some of his clients, and they agree that Williams can arrange for some contractors do the lawn care for a while until Williams can hire and train sufficient staff to personally perform the required services. One of the parties who agreed to the contractor-provided services was Smith. During the first visit, the contractor accidentally poured hydrogen peroxide into the sprinkler diffusion system, thinking it was fertilizer. When the peroxide sprayed on the lawn, it killed all the grass, requiring a re-sodding with a cost of $10,000. The contractor refused to pay the cost of re-sodding. Williams said that although it was an unfortunate problem, Smith had agreed to this temporary substitution, so Williams is not liable for the accident. Which of the following is most correct? A. This is an assignment that creates a liability of privity of contract, and as a result, Williams is not liable for the damage. B. This is an assignment that creates a liability of privity of contract, and as a result, Williams is liable for the damage. C. If Williams' use of the contractor is a delegation of duties, then Williams is not liable. D. If Williams' use of the contractor is a delegation of duties, then Williams is liable.

Reference no: EM13966131

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