Question 1

Which of the following is true regarding assignment of rights in China?

Accepted Answer

A)  Free assignment of rights is permitted only when a contract with a private party is involved unless the contract is one considered "for the good of the people."
B)  Free assignment of rights is permitted only when a contract with a state authority is involved.
C)  Assignment of rights is illegal.
D)  When a private party is involved,the assignor must first get the obligor's approval before an assignment is made.
E)  Free assignment of rights is permitted.F) C) and E)
G) A) and D)

Question 2

In Australia a third party can sue for breach of contract.

Accepted Answer

A) True 
 B)False

Question 3

When does an assignment become effective?

Accepted Answer

A)  After a reasonable delay to allow time for the obligee to object.
B)  At the time period specified in the assignment of rights.
C)  After notice is given.
D)  After a reasonable delay to allow time for the obligor to object.
E)  Immediately.F) A) and E)
G) A) and D)

Question 4

A creditor beneficiary is the third-party beneficiary who is in the strongest legal position to enforce a contract.

Accepted Answer

A) True 
 B)False

Question 5

Assignments require special wording or forms to be valid.

Accepted Answer

A) True 
 B)False

Question 6

In determining whether a party is an incidental or intended beneficiary,one factor courts consider is whether the contract directly states that the third party is the benefiting party.

Accepted Answer

A) True 
 B)False

Question 7

List and discuss two reasons why notice of assignment should be given.

Accepted Answer

Notice of assignment should be given bec...

Question 8

The Case Opener involved a lawsuit by fans seeking a refund based on the fact that the Tyson and Holyfield fight was stopped in the third round because Tyson bit off a piece of Holyfield's ear.What was the ruling of the court?

Accepted Answer

A)  The fans were not allowed to recover because they were donee beneficiaries.
B)  The fans were allowed to recover because they were creditor beneficiaries.
C)  The fans were not allowed to recover because they were assigned donees.
D)  The fans were allowed to recover because they were intended third-party beneficiaries.
E)  The fans were not allowed to recover because they were incidental beneficiaries.F) C) and D)
G) B) and C)

Question 9

What type of third-party beneficiary is Bobby?

Accepted Answer

A)  Intended and donee
B)  Donee and incidental
C)  Creditor and donee
D)  Intended and creditor
E)  Creditor and incidentalF) B) and E)
G) C) and D)

Question 10

Theresa agrees to mow Huan's yard for $300 for the summer.Huan wishes to assign the contract to his grandmother.Theresa objects because Huan's yard is very small while his grandmother's yard is over an acre.Which of the following is the correct legal outcome for the dispute between Theresa and Huan?

Accepted Answer

A)  Theresa will win because all assignments are invalid without the obligor's consent.
B)  Theresa will win because Huan's attempted assignment would increase the duties to which she agreed.
C)  Huan will win so long as he tells Theresa about the assignment prior to the time she begins any performance whatsoever.
D)  Theresa will win unless Huan paid her the $300 in advance in which case Huan will win.
E)  Huan will win because he may validly assign the contract without Theresa's consent.F) B) and C)
G) A) and B)

Question 11

Jimmy and Penny enter into a contract.Jimmy transfers his rights under the contract to Luis.Luis is an:

Accepted Answer

A)  Relator
B)  Transferor
C)  Assignor
D)  Transferee
E)  AssigneeF) A) and B)
G) D) and E)

Question 12

What is the most likely outcome when an assignment is made in violation of an antiassignment clause?

Accepted Answer

A)  The court will refer to the statute of frauds to determine the effectiveness of the assignment.
B)  The court will always prohibit assignment.
C)  The court will never prohibit assignment.
D)  The court will allow assignment always unless it is against public policy.
E)  The court will treat the assignment as a breach of contract.F) A) and B)
G) A) and C)

Question 13

Which of the following is an exception to the general rule that rights to a contract cannot be assigned when a contract is personal in nature?

Accepted Answer

A)  When nothing has been done on the contract at all.
B)  When the only part of a contract left to be fulfilled is the payment.
C)  When no more than three-fourths of the contractual duties have been performed.
D)  When no more than half the contractual duties have been performed.
E)  There is no exception because rights to a contract that is personal in nature may generally be assigned.F) A) and E)
G) B) and D)

Question 14

What is the term for the party to a contract who transfers his or her rights to a contract to a third party?

Accepted Answer

A)  Assignor
B)  Relator
C)  Transferee
D)  Assignee
E)  TransferorF) A) and D)
G) A) and E)

Question 15

Carrie and Clayton enter into a contract.Carrie transfers her rights under the contract to Tamir.What is this transfer of rights called?

Accepted Answer

A)  Referral
B)  Transfer
C)  Privity
D)  Assignment
E)  DisgorgementF) A) and C)
G) C) and D)

Question 16

Assignment of a contract that is personal in nature is generally permitted.

Accepted Answer

A) True 
 B)False

Question 17

A[n] ________ beneficiary is one who unintentionally gains a benefit from a contract between other parties.

Accepted Answer

A)  Creditor
B)  Donee
C)  Accidental
D)  Incidental
E)  VestedF) A) and D)
G) B) and D)

Question 18

Which of the following is true regarding Stephanie's statement to Jamal that he had no right to assign the contract?

Accepted Answer

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

Question 19

Russia duplicated the freedom of assignments found in the American Uniform Commercial Code,when modifying the Russian Civil Code.

Accepted Answer

A) True 
 B)False

Question 20

[Painted House] Jamal had a contract to paint Stephanie's house for $800.His contractual obligations included cleaning up any debris.The contract between Jamal and Stephanie did not in any way address assignment.Jamal,who was very busy,assigned the contract to Greg who was interested in making some extra money and had experience painting.Jamal specified that the contract included the duty to paint the house and the right to receive the money.Jamal did not tell Stephanie about the assignment because he did not want any trouble.Greg also did not mention the assignment to Stephanie.In fact,Greg never met Stephanie because he painted her house while she was at work.After Greg did a good job painting the house,Stephanie sent a check to Jamal for $800.Jamal needed the money to pay some bills,so he spent it.He thought he would have money coming in with which to pay Greg,but that did not happen.Greg asked Stephanie for $800 when it was not forthcoming from Jamal.Stephanie refused.Greg said that he was going to sue her.Stephanie called Jamal and told him that he had no right to assign the contract.In addition,there was another problem involving the disposal of debris.Although Greg was a good,competent painter,he forgot and left some old paint cans at Stephanie's house.Stephanie demanded that Jamal come and properly dispose of the paint cans because they could not simply be put in the trash.Jamal refused and told her that she would have to get Greg to dispose of the paint cans because that was his responsibility.Stephanie called Greg who told her that he was busy and that clearing out the paint cans was Jamal's responsibility.
-What would be the likely result of a lawsuit brought by Greg against Stephanie to recover the $800?

Accepted Answer

A)  Stephanie will win because she had no notice that the contract had been assigned and could,therefore,legally satisfy her obligations by paying Jamal.
B)  Stephanie will win only so long as the assignment was for an amount over $500.
C)  Greg will win only so long as the assignment was for an amount under $1,000.
D)  Greg will win only so long as Jamal has not been declared bankrupt because Stephanie will be able to recover the amounts at issue from Jamal.
E)  Greg will win because Stephanie accepted the risk that the contract would be assigned.F) B) and E)
G) C) and D)

Exam 19: Third-Party Rights to Contracts

Assignment of a contract that is personal in nature is generally permitted.

Correct Answer
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When does an assignment become effective?

Correct Answer
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Theresa agrees to mow Huan's yard for $300 for the summer.Huan wishes to assign the contract to his grandmother.Theresa objects because Huan's yard is very small while his grandmother's yard is over an acre.Which of the following is the correct legal outcome for the dispute between Theresa and Huan?

Correct Answer
verified

In determining whether a party is an incidental or intended beneficiary,one factor courts consider is whether the contract directly states that the third party is the benefiting party.

Correct Answer
verified

What is the term for the party to a contract who transfers his or her rights to a contract to a third party?

Correct Answer
verified

What is the most likely outcome when an assignment is made in violation of an antiassignment clause?

Correct Answer
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Which of the following is an exception to the general rule that rights to a contract cannot be assigned when a contract is personal in nature?

Correct Answer
verified

Jimmy and Penny enter into a contract.Jimmy transfers his rights under the contract to Luis.Luis is an:

Correct Answer
verified

A[n] ________ beneficiary is one who unintentionally gains a benefit from a contract between other parties.

Correct Answer
verified

A creditor beneficiary is the third-party beneficiary who is in the strongest legal position to enforce a contract.

Correct Answer
verified

Which of the following is true regarding Stephanie's statement to Jamal that he had no right to assign the contract?

Correct Answer
verified

Carrie and Clayton enter into a contract.Carrie transfers her rights under the contract to Tamir.What is this transfer of rights called?

Correct Answer
verified

Which of the following is true regarding assignment of rights in China?

Correct Answer
verified

List and discuss two reasons why notice of assignment should be given.

Correct Answer
verified
Notice of assignment should be given bec...
View Answer

In Australia a third party can sue for breach of contract.

Correct Answer
verified

Assignments require special wording or forms to be valid.

Correct Answer
verified

The Case Opener involved a lawsuit by fans seeking a refund based on the fact that the Tyson and Holyfield fight was stopped in the third round because Tyson bit off a piece of Holyfield's ear.What was the ruling of the court?

Correct Answer
verified

What type of third-party beneficiary is Bobby?

Correct Answer
verified

Correct Answer
verified

Russia duplicated the freedom of assignments found in the American Uniform Commercial Code,when modifying the Russian Civil Code.

Correct Answer
verified

Exam 19: Third-Party Rights to Contracts

Assignment of a contract that is personal in nature is generally permitted.

Correct AnswerverifiedShow Answer

When does an assignment become effective?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

In determining whether a party is an incidental or intended beneficiary,one factor courts consider is whether the contract directly states that the third party is the benefiting party.

Correct AnswerverifiedShow Answer

What is the term for the party to a contract who transfers his or her rights to a contract to a third party?

Correct AnswerverifiedShow Answer

What is the most likely outcome when an assignment is made in violation of an antiassignment clause?

Correct AnswerverifiedShow Answer

Which of the following is an exception to the general rule that rights to a contract cannot be assigned when a contract is personal in nature?

Correct AnswerverifiedShow Answer

Jimmy and Penny enter into a contract.Jimmy transfers his rights under the contract to Luis.Luis is an:

Correct AnswerverifiedShow Answer

A[n] ________ beneficiary is one who unintentionally gains a benefit from a contract between other parties.

Correct AnswerverifiedShow Answer

A creditor beneficiary is the third-party beneficiary who is in the strongest legal position to enforce a contract.

Correct AnswerverifiedShow Answer

Which of the following is true regarding Stephanie's statement to Jamal that he had no right to assign the contract?

Correct AnswerverifiedShow Answer

Carrie and Clayton enter into a contract.Carrie transfers her rights under the contract to Tamir.What is this transfer of rights called?

Correct AnswerverifiedShow Answer

Which of the following is true regarding assignment of rights in China?

Correct AnswerverifiedShow Answer

List and discuss two reasons why notice of assignment should be given.

Correct AnswerverifiedNotice of assignment should be given bec...View AnswerShow Answer

In Australia a third party can sue for breach of contract.

Correct AnswerverifiedShow Answer

Assignments require special wording or forms to be valid.

Correct AnswerverifiedShow Answer

The Case Opener involved a lawsuit by fans seeking a refund based on the fact that the Tyson and Holyfield fight was stopped in the third round because Tyson bit off a piece of Holyfield's ear.What was the ruling of the court?

Correct AnswerverifiedShow Answer

What type of third-party beneficiary is Bobby?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Russia duplicated the freedom of assignments found in the American Uniform Commercial Code,when modifying the Russian Civil Code.

Correct AnswerverifiedShow Answer

Correct Answer
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Notice of assignment should be given bec...
View Answer

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