Exam 19: Third Party Rights to Contracts

A) That Sam could proceed but only if he could convince the association to join the lawsuit with his.
B) That Sam was an intended beneficiary of the agreement between Alice and the association; that he had standing to sue; and that under the terms of the agreement, the association's failure to act gave him the right to proceed.
C) That the agreement between Alice and the association addressed issues involving intentional wrongdoing, such as out-of-control parties, not issues involving utilities and that Sam, therefore, could not sue.
D) That Sam was an intended beneficiary of the agreement between Alice and the association but that he had no right to sue because he nevertheless lacked standing.
E) That Sam had standing based on the association's failure to act but that he nevertheless had no right to bring suit because he was not an intended beneficiary of the agreement between Alice and the association.

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A) Whether performance of the contract is done directly to the third party and whether the contract directly states that the third party is the benefiting party, but not the third party's ability to control the specifics of performance of the contract.
B) The third party's ability to control the specifics of performance of the contract but not whether performance of the contract is done directly to the third party or whether the contract directly states that the third party is the benefiting party.
C) Whether the contract directly states that the third party is the benefiting party but not the third party's ability to control the specifics of performance of the contract or whether performance of the contract is done directly to the third party.
D) Whether performance of the contract is done directly to the third party and the third party's ability to control the specifics of performance of the contract, but not whether the contract directly states that the third party is the benefiting party.
E) Whether performance of the contract is done directly to the third party, the third party's ability to control the specifics of performance of the contract, and whether the contract directly states that the third party is the benefiting party.

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A) Bill has no duty to Judy so long as she did not expressly object to the delegation.
B) Bill has no duty to Judy regardless of whether she objected to the delegation.
C) Bill continues to be bound to Judy to see that her car gets washed.
D) Bill continues to be bound to Judy to see that her car gets washed only if the contract expressly prohibited delegation.
E) Bill continues to be bound to Judy to see that her car gets washed unless he already paid Paul for the job.

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Four situations under which contractual ...

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A) Sam will win because Trudy cannot avoid her obligations through a delegation.
B) Sam will win but only because he was not aware of the assignment.
C) Sam will win but only because the contract was for an amount under $1,000.
D) Sam will win only if Betty cannot be found for service of process.
E) Trudy will win because she delegated the duty of payment to Betty.

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A) A creditor beneficiary must accept assignment of rights, but there is no requirement that a donee beneficiary do so.
B) A donee beneficiary must accept assignment of rights, but there is no requirement that a creditor beneficiary do so.
C) An assignee must agree to accept assigned rights, and there is a strict protocol for doing so.
D) An assignee may decline an assignment if he has not agreed to it and declines in a timely fashion after learning of it.
E) An assignee may only decline an assignment if a delegation of duties is also involved.

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A) Jan is correct because a personal type of service was involved.
B) Jan is correct because the contract did not specifically give Billy the right to assign the contract.
C) Jan is correct because a delegation as well as an assignment was involved.
D) Jan is incorrect because the contract was not a personal service, and there was no requirement that the contract specifically reference the right to assign rights and duties.
E) Jan is incorrect only because the contract and assignment were for an amount under $1,000. Otherwise, Billy had no right to assign the contract without her permission.

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A) Valid
B) Recognized
C) Substantial
D) Familial
E) Marital

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A) Assignments made by operation of law may be assigned, but no other assignments may be made in the presence of an antiassignment clause.
B) Assignments for the right to receive monetary payments may be assigned, but no other assignments may be made in the presence of an antiassignment clause.
C) Assignments made by operation of law, assignments for the right to receive monetary payments, and assignments for the right to receive damages for a breach of contract to sell goods or services may be assigned even in the presence of an antiassignment clause.
D) No contractual rights or duties may be assigned in the presence of an antiassignment clause.
E) Antiassignment clauses are void as against public policy and have no effect on the right of assignment.

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A) Ally can enforce the assignment only if the agreement that Paul and Mary had was in writing.
B) Ally can enforce the assignment.
C) Ally cannot enforce the assignment because it was not in writing.
D) Ally cannot enforce the assignment because Paul did not specifically grant Mary the power to assign the contract.
E) Ally cannot enforce the assignment because assignments to purchase property cannot ever be assigned for public policy reasons.

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A) Sally will win as to both because they are equally liable to provide the funds.
B) Sally will win as to Bob but win as to Trudy only if she can prove that Bob is insolvent and unable to pay.
C) Sally will win as to Bob but win as to Trudy only if she can prove that she cannot find Bob in order to serve process on him.
D) Sally will lose as to both Trudy and Bob because promises to give gifts are unenforceable in the absence of reliance.
E) Sally will lose as to Trudy because Trudy had no obligation to go through with the gift, but she will win as to Bob.

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Maurice cannot sue the develop...

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A) Harry will win because he did not expressly agree to the assignment.
B) Fred will win because the right to receive payment could be validly assigned.
C) Fred will win unless Harry can prove that Fred knew that Harry did not want the benefits assigned.
D) Fred will lose unless Fred can prove that he was unaware that Harry did not want the benefits assigned.
E) Harry will win because the portrait was personal in nature and payment for it could not be assigned.

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A) The first-assignment-in-time rule
B) The last-assignment-in-time rule
C) The English rule
D) The French rule
E) The American rule

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A) The courts ask if a reasonable person in the position of the party in question would believe the contracting parties intended to benefit the party in question.
B) The courts ask if it is substantially certain that the contracting parties intended to benefit the party in question.
C) The courts ask if it can be proven beyond a reasonable doubt that the contracting parties intended to benefit the party in question.
D) The courts ask if the party in question paid something for the rights.
E) The courts ask if the party in question paid at least $500 for the rights.

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