Exam 17: Rights of Third Parties

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Apple assigns the same contract rights to Enzo,and then to Sam.Sam immediately notifies the obligor of the assignment to him;Enzo never notifies the obligor.When Sam notified the obligor,he did not know about the earlier assignment to Enzo.Sam will have the better right under the:

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Which of the following statements about a novation is false?

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The Mandarin City contracts with the Zoid Construction Company to construct a new sewer system for the city.Later,Zoid breaches the contract.George,a resident of the city,sues Zoid for its breach of contract.Can George recover? Why or why not?

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Which of the following statements about the vesting of a beneficiary's rights is false?

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Stella buys a car from Marble Sales for $10,000 on credit.Joel's daughter likes the car and so Joel buys the car from Stella.Joel also agrees to pay the balance due to Marble Sales,on behalf of Stella.Joel defaults.Marble Sales can bring a suit for breach of contract against:

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An incidental beneficiary of a contract cannot recover under that contract.

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All contract rights are assignable.

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Zack buys a house from Steven,agreeing to assume the outstanding mortgage on the property held by Big Bank.Zack fails to make the mortgage payment.Which of the following statements is true?

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The sources of assignment law today are the common law of contracts and provisions of the Uniform Commercial Code.

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The transfer of a right under a contract is called assignment.

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