Question 1

An anti-assignment clause is a clause that prohibits the assignment of rights under contracts.

Accepted Answer

A) True 
 B)False

Question 2

An obligor who transfers his or her duty is called:

Accepted Answer

A)  an assignor. 
B)  an assignee. 
C)  a delegator. 
D)  a delegatee. 
E)  both an assignor and a delegator. 
A)  an assignor. 
B)  an assignee. 
C)  a delegator. 
D)  a delegatee. 
E)  both an assignor and a delegator.

Question 3

Which of the following statements is correct regarding an assignment that would materially alter the risk and/or duties of the obligor?

Accepted Answer

A)  A contract cannot be assigned if the assignment would materially alter the risk or duties of the obligor. 
B)  A contract can be assigned if the assignment would materially alter the risk, but not the duties, of the obligor. 
C)  A contract can be assigned if the assignment would materially alter the duties, but not the risk, of the obligor. 
D)  A contract can be assigned, even if the assignment would materially alter the risk or duties of the obligor. 
E)  A contract can be assigned, provided that the assignment is accompanied by a corresponding delegation of duties. 
A)  A contract cannot be assigned if the assignment would materially alter the risk or duties of the obligor. 
B)  A contract can be assigned if the assignment would materially alter the risk, but not the duties, of the obligor. 
C)  A contract can be assigned if the assignment would materially alter the duties, but not the risk, of the obligor. 
D)  A contract can be assigned, even if the assignment would materially alter the risk or duties of the obligor. 
E)  A contract can be assigned, provided that the assignment is accompanied by a corresponding delegation of duties.

Question 4

If the assignee fails to provide notice of assignment to the obligor,the obligor may continue to render performance to the assignor,who no longer has a right to it.

Accepted Answer

A) True 
 B)False

Question 5

In a novation,only one of the original parties is replaced by a new party.

Accepted Answer

A) True 
 B)False

Question 6

Future expected rights can be assigned just as present existing rights.

Accepted Answer

A) True 
 B)False

Question 7

If a professional athlete dies prior to or during a contract period,his or her contract with the team is discharged.

Accepted Answer

A) True 
 B)False

Question 8

A condition subsequent exists when a contract provides that the occurrence or nonoccurrence of a specific event automatically excuses the performance of an existing duty to perform.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following is one of the primary types of contractual conditions?

Accepted Answer

A)  collateral 
B)  conjectural 
C)  concurrent 
D)  determinative 
E)  antecedent 
A)  collateral 
B)  conjectural 
C)  concurrent 
D)  determinative 
E)  antecedent

Question 10

Discharge by impossibility requires objective,rather than subjective,impossibility.

Accepted Answer

A) True 
 B)False

Exam 13: Third-Party Rights and Discharge

An anti-assignment clause is a clause that prohibits the assignment of rights under contracts.

An obligor who transfers his or her duty is called:

Which of the following statements is correct regarding an assignment that would materially alter the risk and/or duties of the obligor?

If the assignee fails to provide notice of assignment to the obligor,the obligor may continue to render performance to the assignor,who no longer has a right to it.

In a novation,only one of the original parties is replaced by a new party.

Future expected rights can be assigned just as present existing rights.

If a professional athlete dies prior to or during a contract period,his or her contract with the team is discharged.

A condition subsequent exists when a contract provides that the occurrence or nonoccurrence of a specific event automatically excuses the performance of an existing duty to perform.

Which of the following is one of the primary types of contractual conditions?

Discharge by impossibility requires objective,rather than subjective,impossibility.

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