A boutique hotel contracts with a seamstress to make 500 pillows using white fabric and down filling. The seamstress assigns the work to her former business partner, who uses the same fabric but fills the pillows with synthetic microfiber instead of down. The hotel sues for breach of contract. The hotel had not released the seamstress from liability. Which statement is correct?

• A. The hotel is discharged from liability due to delegation.
• B. The hotel can still hold the seamstress liable under the contract.
• C. The hotel can only pursue the substitute, not the seamstress.
• D. The hotel may terminate the contract with no liability.

Answer: (B)

Delegation of performance is allowed, but it does not automatically free the original promisor from liability. The hotel has not released the seamstress from liability, so she remains responsible to the hotel for full performance under the contract. Even though the seamstress delegated the work to her former partner, the pillows were promised to be filled with down, and using synthetic microfiber constitutes a breach. Since the hotel did not release the seamstress, she can be sued on the contract for damages, and the hotel may pursue the substitute as well if appropriate, but the seamstress remains liable to the hotel for the nonconforming performance.