Exam 17: Rights of Third Parties

In an assignment/delegation,which party remains secondarily liable on the obligation that has been delegated?

The person who receives a right under a contract has obtained a delegation.

A third party who is unable to establish that the contract was made with the intent to benefit her is called a(n):

Mr.Blue is in a contract with Mr.Brown for the repair of Mr.Blue's roof for $9,000.Mr.Blue tells Mr.Brown that Ms.White will pay him the $9,000 for the work performed.Ms.White's role in the contract is called what?

Jim's contract with Frank obligated Jim to pay Frank $10,000.Frank properly assigns the contract to Abel.At that time,Abel notifies Jim about the assignment.Jim,however,forgets and pays the $10,000 to Frank.By this time,Abel is screaming for his money.However,by then,Frank goes into bankruptcy.In this case:

What is the purpose of vesting?

Ted Nix purchased two acres of land from Sally Pine.Nix paid 15 percent at the closing and gave his note for the balance secured by a 30-year mortgage.Five years later,Nix found it increasingly difficult to make payments on the note and finally defaulted.Pine threatened to accelerate the loan and foreclose if Nix continued in default.Pine told Nix either to get the money or obtain an acceptable third party to assume the obligation.Nix offered the land to Quick Co.for $4,000 less than the equity Nix had in the property.This was acceptable to Pine and at the closing,Quick paid the arrearage,executed a new mortgage and note,and had title transferred to its name.Pine surrendered Nix's note and mortgage to him.The transaction in question is a(n):

In The Industrial Development Board of the City of Montgomery v.Russell,the case in the text,the court held that:

Selena delegates her rights under a contract.The clause delegating her rights are termed: "All my rights under the contract are hereby effectively delegated to...." This language shows that the contract created a(n):

Deborah owes a debt to Casey.Sean contracts with Deborah to pay her debt to Casey.Casey is a creditor beneficiary of the contract between Sean and Deborah.

Fiona owed Lutz $5,000.As the result of an unrelated transaction,Lutz owed Bing that same amount.The three parties signed an agreement that Fiona would pay Bing instead of Lutz and Lutz would be discharged from all liability.The agreement among the parties is:

The power to delegate under a contract is a universal right and parties may not restrict the power to delegate in the contract.

Which of the following contracts would likely not be delegable?

Which of the following is NOT one of the implied warranties that the assignor gives to the assignee?

As discussed in the case in the text,Wallis v.Brainerd Baptist Church,a third party seeking to recover under a contract bears the burden of proving he was the intended third-party beneficiary of the contract at the time:

Which of the following statements about gratuitous assignments is false?

As a general rule,members of the public are held to be ________ of contracts entered into by their municipalities or other governmental units in the regular course of carrying on governmental functions.

In ascertaining intent to benefit the third party,a court will look to all of the following,except:

It is important to promptly notify the obligor that an assignment has occurred.Why?

In the case in the text,Filer,Inc.v.Staples,Inc. ,the court held that Article 9 of the Uniform Commercial Code was inapplicable to the assignment because: