Exam 11: Third Party Rights and Discharge

Frank and Green Agri-Ship,Inc. ,enter into a contract under which Frank agrees to pay Green to transport the soybeans in Frank's bins.When Green's schedule conflicts,Green contacts Hybrid Crop Transport Company and "assigns all rights under the contract" to Hybrid.This transfer normally is construed as

Building Restoration,Inc.(BRI),enters into a contract to refurbish an old train depot for Casual Dining,Inc. ,which plans to open Eat Up Restaurant in that location.If BRI completes most of the work promised in the contract,its performance will be

When a condition operates to terminate a party's absolute promise to per?for?m,it is a condition precedent.

Fact Pattern 11-2 Bell Medical Education Service enters into a contract to employ Chris as an instructor for two years to begin May 1.One month before the term begins,Bell is underbid by a competitor and loses a major client,Delta Hospital Center.Bell now refuses to hire Chris. -Refer to Fact Pattern 11-2.Under the circumstances,with respect to damages,Chris can

When a contract party alters a written contract,the other party must adapt his or her performance accordingly.

A contract will be discharged if a circumstance that the parties knew might occur make it impossible to attain the contract's purpose.

Alienation is a transfer of contract rights between citizens of different nations.

Any breach allows the nonbreaching party to cancel the contract.

Any beneficiary who is not deemed an intended beneficiary is considered incidental.

Oral assignments are prohibited.

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