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46 cards
1What is an intended third-party beneficiary?
2What is an incidental beneficiary?
3In the context of contract law, what is an assignee?
4In the context of contract law, what is a delegatee?
5In the context of contract law, what is an obligor?
6What is the primary distinction between an intended beneficiary and an incidental beneficiary of a contract?
7A terminally ill man required constant care. The man’s daughter was his primary caregiver. Wishing to relieve the daughter of this heavy responsibi...
8A homeowner and a landscaper entered into a contract for the construction of an elaborate new garden and patio on the homeowner’s property. One of ...
9A mall entered into a lease with a store under which the store rented a large self-standing building for ten years. The store rented the entire bui...
10A woman hired a lawyer to draft a will that would leave her entire estate to her neighbor. Without the will, the neighbor would not have any right ...
11A man owed $3,000 to a lender. The man sold a car to his friend for $3,000. The contract of sale for the car provided for the friend to pay the $3,...
12For a contract to create a right of enforcement in an intended third-party beneficiary, must the contract specifically identify the beneficiary?
13If a contract is intended to confer an independent enforcement right on a beneficiary, and that beneficiary sues the promisor, may the promisor ass...
14Does an incidental beneficiary to a contract have the right to sue the promisor directly to enforce the promisor’s performance obligation?
15A lessor leased premises to a lessee. The lease provided that the lessor would be responsible for providing security services. An employee of the l...
16Does an intended third-party beneficiary to a contract have the right to sue the promisor directly to enforce the promisor’s performance obligation?
17If a contract confers an enforceable benefit on an intended third-party beneficiary, does the promisee continue to have a right to enforce the prom...
18If a contract confers a benefit on an intended third-party beneficiary, giving the beneficiary an independent right of enforcement, when may the pa...
19What is the primary distinction between a creditor beneficiary and a donee beneficiary of a contract?
20Does a member of the public have the right to sue for enforcement of a government contract for the benefit of the public at large?
21What is an assignment of a contract right?
22What is the main difference between an assignee and an intended third-party beneficiary?
23In general, can a party to a contract assign its rights under the contract without the permission of the other party to the contract?
24A client and a lawyer entered a representation agreement under which the lawyer was to handle a personal injury suit on the client’s behalf. The la...
25A borrower took a loan from a small local bank. The bank assigned its right to monthly payments under the borrower’s loan agreement to a large inte...
26A baker entered into a contract with a customer. The baker assigned its payment right under the contract to a supplier. The customer, who owed the ...
27If an assignor assigns a contractual right to an assignee, does the assignee take the right subject to any conditions, restrictions, or defenses ar...
28On February 1, a bank loaned a borrower $100,000, to be repaid with interest on May 1. On March 1, the bank assigned its payment right to a financi...
29Must the assignee of contract rights give consideration to the assignor in exchange for receiving an assignment of the assignor’s rights?
30Under what circumstances is an assignment given for no consideration irrevocable?
31If revocation is permitted, how can an assignor revoke an assignment?
32A debtor owed $200,000 to a man. The debt was due on September 1. On August 1, the man decided to make a gift of $200,000 to his son to enable the ...
33If a party delegates a contractual duty of performance to a person who is not a party to the contract, does the party remain responsible for ensuri...
34What is the difference between an assignment and a delegation with regard to what is being transferred?
35What is the difference between an assignment and a delegation with respect to the state of the original contracting parties’ rights and responsibil...
36May a party generally delegate his contractual duties to perform?
37A designer entered into a one-year exclusive agency contract with a broker under which the broker undertook to use best efforts to promote and sell...
38A customer hired an electrician to rewire the customer’s house. The electrician became too busy and knew he could not get to the rewiring job on ti...
39What is the difference between an assignment of a contract right and the assignment of the contract as a whole?
40In a contract for the sale of goods, how does the Uniform Commercial Code (UCC) interpret a provision that prohibits assignment of the contract?
41A contract for the sale of goods contained a provision stating: “The seller may not assign this contract.”Does this contract provision prevent the ...
42In a contract for the sale of goods, may the seller delegate its duty to deliver the goods to the buyer?
43What is the difference between an assignment and a novation?
44A manufacturer entered into a five-year distributorship agreement with a wholesaler under which the wholesaler undertook to sell the manufacturer’s...
45What right does an intended third-party beneficiary of a contract have, if any, to enforce the contract’s terms?
46If a contractual party unilaterally delegates its contractual performance obligations to someone else, what impact does that delegation have on the...
All flashcards
46 cards