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Business Law Text
Exam 16: Third Party Rights
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Question 21
True/False
Contract duties are not assigned-they are delegated.
Question 22
Multiple Choice
Ben and Ivy enter into a contract under which Ben agrees to cater Ivy's wedding in exchange for a cash down payment.The contract expressly prohibits any transfer of rights.A contract right may be transferred,however,if the transfer involves
Question 23
True/False
A delegation relieves the party making it of the obligation to perform.
Question 24
Multiple Choice
Carol takes out an insurance policy on her car.Carol can assign her policy to a third party
Question 25
Essay
A-One Landscapers,Inc.,owes Friendly Finance Company $5,000.A-One enters into a contract with Suburban Office Park under which A-One promises to maintain the landscaping on Suburban's property.Under the contract,Suburban promises to pay Friendly Finance the amount that will be due A-One until A-One's debt to Friendly Finance is paid.A-One performs as promised,but Suburban does not pay Friendly Finance.Can Friendly Finance succeed in a suit against Suburban? Why or why not?
Question 26
Multiple Choice
A contract between Laser Maintenance,Inc.,and Medical Vision Operation Corporation contains a clause stating that any assignment is "void." This ordinarily prohibits
Question 27
Multiple Choice
Paolho and Roth agree that Paolho will fix Roth's boat dock in exchange for $5,000.Paolho spends half of the amount due under the contract to acquire the materials for the job from Sav-U Economy Lumber.Sav-U is
Question 28
True/False
An assignment of rights in real estate often cannot be prohibited.
Question 29
True/False
The rights of a third party beneficiary under a contract vest if the third party materially changes his or her position in justifiable reliance on the promise.
Question 30
True/False
In a bilateral contract,a party who makes a promise that benefits a third party is a promisor.
Question 31
True/False
Giving notice is legally necessary to establish the validity of an assignment.
Question 32
True/False
The person to whom rights in a contract are assigned is the assignor.
Question 33
True/False
Privity of contract establishes the basic concept that third parties have no rights in contracts to which they are not parties.
Question 34
True/False
An assignee has a right to demand performance from the obligor.
Question 35
True/False
An "assignment of all rights" creates an assignment of rights but not a delegation of duties.
Question 36
Multiple Choice
Joy and Kris enter into a contract for Kris to lay sod in Joy's yard for which she agrees to pay Kris.When Kris's schedule conflicts,she contacts Leza,to whom Kris "assigns all rights under the contract." Kris is
Question 37
Essay
Pam borrows $5,000 from Quality Auto Sales to buy a car.When Pam does not pay the loan or return the car,Quality wants to transfers the right to the payment to Rapid Collection Agency.Rapid agrees to pay Quality for this right,but for a price that is less than the amount owed.Can Quality transfer this right to Rapid without Pam's consent? If so,and Quality committed fraud in the deal with Pam,could Pam legitimately refuse to pay Rapid? Explain.
Question 38
True/False
As long as a contract is personal in nature,all rights under the contract can be assigned.
Question 39
Multiple Choice
Merry Music Inc.and Nayda enter into a contract for Nayda to write six songs for which Merry Music agrees to pay her.Nayda transfers her right to payment under the contract to Omni Artists Agency.In the transfer of rights,Nayda is