Exam 13: Contracts in Writing and Third-Party Contracts

Lawrence v.Fox,a case referenced in the textbook,was one of the earliest cases to recognize the rights of:

If the buyer in an alleged contract for the sale of land has paid any portion of the sales price and either has begun to permanently improve the land or has taken possession of the land,the courts will consider the contract partially performed,and this partial performance will amount to proof of the contract.

Third-Party Woes.Trudy owed Sam $40 for a book she purchased from him.Trudy mowed Betty's yard for $40 and agreed with Betty that Betty would pay Sam for the book.Sam is not initially aware of the agreement.Betty pays no one.Trudy also mowed Bob's yard for $40 in return for Bob's agreement to give the payment to Sally representing Trudy's birthday present to Sally.Bob later refuses to do so saying that promises to give gifts are not enforceable.He then moves out of town.Trudy tells both Sam and Sally that she is broke,that Sam needs to get his $40 for the book from Betty,and that Sally is owed $40 from Bob for her birthday present.What type of third-party beneficiary is Sally?

The statute of frauds imposes on parties the need to carefully consider the terms,agree to them,write them down,and ________.

When an assignor transfers her rights to an assignee,the assignor legally retains all rights she has to collect on the contract.

Under the ________ rule,a contract that would normally fall under the statute of frauds and need a writing if negotiated by the principal must be in writing even if negotiated by an agent.

A donee beneficiary is a third party who benefits from a contract in which the promisor agrees to pay the promisee's debt.

In order for an assignment to be valid,an assignee must agree to accept the assigned rights.

Which of the following is most accurate regarding what may be assigned even in the presence of an anti-assignment clause?

Third-Party Woes.Trudy owed Sam $40 for a book she purchased from him.Trudy mowed Betty's yard for $40 and agreed with Betty that Betty would pay Sam for the book.Sam is not initially aware of the agreement.Betty pays no one.Trudy also mowed Bob's yard for $40 in return for Bob's agreement to give the payment to Sally representing Trudy's birthday present to Sally.Bob later refuses to do so saying that promises to give gifts are not enforceable.He then moves out of town.Trudy tells both Sam and Sally that she is broke,that Sam needs to get his $40 for the book from Betty,and that Sally is owed $40 from Bob for her birthday present.Which of the following would be the likely result if Sally sues Trudy for the $40 promised to her for her birthday?

Which of the following was the result on appeal in Heritage Constructors,Inc.v.Chrietzberg Electric,Inc.and Richard Marc Chrietzberg,the case in the textbook involving a wastewater treatment plant improvement project in which the project's electrical work involved the use of a subcontractor,with the general contractor suing the subcontractor for withdrawing its bid?

Which of the following sections of the Uniform Commercial Code addresses the requirement of a writing when the total price for a sale of goods is $500 or more?

Discuss the factors courts consider in determining whether a party is an intended beneficiary or merely an incidental beneficiary.

Portraits.Belinda,a famous portrait painter,agreed to paint Harry's portrait for $5,000.She also agreed to paint the portraits of Michelle's two Welsh Corgi dogs,Baby and Bree.Michelle agreed to pay Belinda $12,000 for the portraits.Belinda charged Michelle more because dogs annoyed her.Belinda met the spoiled dogs,and they really got on her nerves.Plus,she was behind on finishing Harry's portrait.Belinda,therefore,proceeded to assign the right to receive the money for the dog portraits and the duty to paint the dog portraits to her assistant,Fred.He eagerly accepted and painted the portraits.As payment for amounts she owed him for various duties,Belinda also assigned to Fred the right to receive payment from Harry.Neither the contract Belinda had with Harry nor the contract she had with Michelle expressly prohibited assignment or delegation of contractual rights and duties.Belinda finished the portrait of Harry and called him to come and pick it up.Meanwhile,a disgruntled secretary who disliked Belinda told both Michelle and Harry about the agreements with Fred.Michelle was furious and refused to pick up the portrait or pay anyone.Harry likewise refused to pay for his portrait claiming that the right to payment could not be assigned.What would be the most likely result if Fred sues Harry for the $12,000 payment?

________ is the legal enforcement of an otherwise unenforceable contract due to a party's detrimental reliance on the contract.

Which of the following is a contractual party who agrees to receive something from the other party?

The statute of frauds relates to fraudulent contracts.

With regard to the statute of frauds and contracts whose terms prevent possible performance within one year,which of the following is an incorrect statement?

Subrogation refers to an agreement in which a third party agrees to pay the debt owed by another party if that other party fails to pay his or her debt.

A(n)________ beneficiary is a third party who benefits from a contract in which the promisor agrees to pay the promisee's debt.