Exam 19: Third Party Rights to Contracts

A) Billy is correct because he validly delegated that duty to Billy.
B) Billy is incorrect because the job was a personal service, and he had no right to assign either rights or duties under the contract.
C) Billy is incorrect but only because the job was for under $1,000.
D) Billy is correct only because Richard properly painted the house and was, therefore, responsible for ancillaries. If Richard had improperly painted the house, Billy would have had remaining duties.
E) Billy is incorrect because his delegation did not affect his obligation to Jan.

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A) The umpire won as a matter of law because he was an intended third-party beneficiary to the contract between the defending school board and the athletic association, and the defendant had an absolute nondelegable duty to provide protection ensuring that no one was hurt.
B) The umpire won as a matter of law because although he was not an intended third-party beneficiary to the contract between the defending school board and the athletic association, the defendant had an absolute nondelegable duty to provide protection ensuring that no one was hurt.
C) The defending school board won as a matter of law because although the umpire was an intended third-party beneficiary to the contract, only the athletic association could proceed with a lawsuit.
D) The defending school board won as a matter of law because the umpire was not an intended third-party beneficiary to the contract.
E) The case was remanded for trial on the issue of whether adequate police protection was provided in view of the fact that the plaintiff was an intended third-party beneficiary to the contract between the school board and the athletic association.

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A) Belinda will win only if Fred did a good job on the portraits.
B) Belinda will win regardless of what type of job Fred did on the portraits so long as he was a qualified portrait painter.
C) Belinda will win because Fred was employed as her assistant.
D) Belinda will win because the contract did not contain an express provision prohibiting assignment or delegation of contractual rights and duties.
E) Michelle will win because the portrait was personal in nature and could not be assigned.

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Notice of assignment should be given bec...

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A) An incidental beneficiary may sue to enforce incidental contractual rights so long as those rights have vested.
B) An incidental beneficiary may sue to enforce incidental contractual rights only if the incidental beneficiary was once a creditor beneficiary.
C) An incidental beneficiary may sue to enforce incidental contractual rights only if the incidental beneficiary was once a donee beneficiary.
D) An incidental beneficiary may sue to enforce incidental contractual rights only if the incidental beneficiary is also a second-party beneficiary.
E) An incidental beneficiary cannot sue to enforce a contract which provided incidental benefits.

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E

A) Free assignment of rights is permitted.
B) Free assignment of rights is permitted only when a contract with a state authority is involved.
C) Free assignment of rights is permitted only when a contract with a private party is involved unless the contract is one considered "for the good of the people."
D) Assignment of rights is illegal.
E) When a private party is involved, the assignor must first get the obligor's approval before an assignment is made.

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A) Incidental
B) Creditor
C) Donee
D) Vested
E) Accidental

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A) Assignment
B) Referral
C) Disgorgement
D) Privity
E) Transfer

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A

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A) Transfer
B) Assignment
C) Delegation
D) Performance
E) Unenforceable occurrence

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A) Acknowledged contract
B) Diverse contract
C) Privity of contract
D) Close contract
E) Privileged contract

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C

A) Creditor, donee, and incidental
B) Donee and creditor, but not incidental
C) Incidental and creditor, but not donee
D) Creditor but not donee or incidental
E) Donee but not creditor or incidental

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A) Promisee
B) Promisor
C) Obligor
D) Initial contracting parties
E) Assignee

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A) The first-assignment-in-time rule
B) The last-assignment-in-time rule
C) The English rule
D) The French rule
E) The American rule

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The courts ask if a reasonable person in...

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