Exam 11: Third Party Rights and Discharge

After a contract is made,a supervening event may make performance impossible and discharge the contract.

A contract can prevent the assignment of the right to receive funds.

Clem attempts to free himself from the duties of his contract with Drew by telling Drew to find someone else to perform them.This is

Dina and Elle agree that Elle can satisfy a preexisting debt owed to Dina by paying the money directly to Fava.The designation of this contract as a third party beneficiary contract is determined by the intent to benefit

The assignment of the same contract right to two different parties results in their "splitting the difference."

On April 1,OK Contractors,Inc. ,contracts to build a store for Lo-Cost Jewelers at a specific location in Metro City.On May 1,Metro changes its zoning laws to prohibit the construction of a commercial building at that location.When the store is not built,Lo-Cost files a suit against OK.In this situation

Fact Pattern 11-1 Mutual Company enters into a contract to employ Neil as an investment manager for two years. During the first year, Neil is often absent without explanation and when present fails to adequately monitor and manage Mutual’s investments. -Refer to Fact Pattern 11-1.Neil's performance is most likely

McCall and Teresa enter into a contract for the distribution of McCall's produce to local restaurants for which Teresa agrees to pay.McCall transfers his right to payment under the contract to Midtown Bank.This transfer is

Roy and Sheila are parties to a contract.They subsequently agree that Tony should take Roy's place and assume all of his rights and duties under the contract.This is

If a contract requires performance to the personal satisfaction of a party,the party must in all cases be personally satisfied.

An unconditional assignment of rights in a contract does not extinguish the rights of the assignor.

Vicky contracts with Warren for the delivery of hospice services to benefit Xavier.This is