Question 1

A donee beneficiary has no rights.

Accepted Answer

A) True 
 B)False

Question 2

A personal right can be defined as:

Accepted Answer

A)   surrender by a party of legal rights otherwise available to him or her.
B)   the relationship of the immediate parties to a contract.
C)   the duty of a particular person to perform or receive contract duties or benefits
D)   a new contract substituting for an old one, or a new party to a contract replacing a former party.
E)   a contract for household or domestic purposes, not commercial purposes.F) C) and D)
G) All of the above

Question 3

The beneficiary's rights may be altered as long as they have not vested.

Accepted Answer

A) True 
 B)False

Question 4

A factor is a person:

Accepted Answer

A)   not a party to a contract who is intended, as a gift, to benefit from its performance.
B)   to whom an obligation is owed.
C)   not a party to a contact who was intended to benefit from it and who may sue to enforce its terms.
D)   not a party to a contract who benefits from its performance but was not intended to specifically.
E)   who purchases the right to receive income from another.F) A) and C)
G) None of the above

Question 5

Most duties in a contract are almost never expressly delegated.

Accepted Answer

A) True 
 B)False

Question 6

An incidental beneficiary is:

Accepted Answer

A)   the intended beneficiary.
B)   the donee beneficiary.
C)   one who has no rights.
D)   the creditor beneficiary
E)   one who promises to pay the debt.F) None of the above
G) A) and B)

Question 7

An obligee is one who has the right to receive a contract benefit.

Accepted Answer

A) True 
 B)False

Question 8

A right that will arise from a future contract cannot be the subject of a present assignment.

Accepted Answer

A) True 
 B)False

Question 9

Problems of acceptance of an assignment normally arise only when the assignor intends the assignment as a gift.

Accepted Answer

A) True 
 B)False

Question 10

Mrs. Knittle quits her business, Knittle's Knitting Shop; she assigns the lease and her insurance policy to Parker's Pistol Packing, a company that packs shotgun shells with gunpowder. The assignment of the insurance policy is ineffective.

Accepted Answer

A) True 
 B)False

Question 11

What is a waiver of defenses?

Accepted Answer

One of the cases when the "shoe rule" ma...

Question 12

An assignment might be invalidated by a court if the assignment materially changes the obligor's duties.

Accepted Answer

A) True 
 B)False

Question 13

One to whom an obligation is owed is a(n)  _____

Accepted Answer

A)   donee beneficiary.
B)   intended beneficiary.
C)   obligor
D)   obligee
E)   delegatorF) None of the above
G) A) and C)

Question 14

Buyer bought a backhoe from Seller under a contract in which "Buyer waives all rights as against any assignee." Seller assigned the contract to Thirdparty, who knew that the backhoe had a concealed defect. When Buyer discovers the defect Buyer must still pay Thirdparty, and then seek recourse against Seller.

Accepted Answer

A) True 
 B)False

Question 15

A contract term barring the contract's assignment usually prohibits both an assignment of the contract's rights but also a delegation of its duties.

Accepted Answer

A) True 
 B)False

Question 16

Members of the public are intended beneficiaries of contracts made by the government with a contractor to do public works.

Accepted Answer

A) True 
 B)False

Question 17

The delegation of a duty leaves the delegator still liable.

Accepted Answer

A) True 
 B)False

Question 18

Under which of the following cases are assignments NOT allowed?

Accepted Answer

A)   Change in duties of the obligor
B)   Assignment of personal rights
C)   Assignment accepted by statute or public policy
D)   Contracts that assign rights
E)   Contracts based on assignee's performanceF) B) and E)
G) A) and D)

Question 19

A creditor beneficiary is _____.

Accepted Answer

A)   one to whom the promisor agrees to pay a debt of the promisee
B)   one who has no rights
C)   an intended beneficiary
D)   the recipient of a gift promise
E)   one who is not the intended beneficiaryF) C) and E)
G) A) and E)

Question 20

Who is a delegatee?

Accepted Answer

A)   An obligator who delegates a duty
B)   The one who performs under a contract
C)   The one who is witness to the assignment The one to whom the delegation is made
D)   The one to whom the contract is transferredE) B) and C)
F) C) and D)

Exam 14: Third-Party Rights

An assignment might be invalidated by a court if the assignment materially changes the obligor's duties.

Correct Answer
verified

Under which of the following cases are assignments NOT allowed?

Correct Answer
verified

A donee beneficiary has no rights.

Correct Answer
verified

Problems of acceptance of an assignment normally arise only when the assignor intends the assignment as a gift.

Correct Answer
verified

A contract term barring the contract's assignment usually prohibits both an assignment of the contract's rights but also a delegation of its duties.

Correct Answer
verified

Who is a delegatee?

Correct Answer
verified

A creditor beneficiary is _____.

Correct Answer
verified

Most duties in a contract are almost never expressly delegated.

Correct Answer
verified

One to whom an obligation is owed is a(n) _____

Correct Answer
verified

The beneficiary's rights may be altered as long as they have not vested.

Correct Answer
verified

A personal right can be defined as:

Correct Answer
verified

A factor is a person:

Correct Answer
verified

Mrs. Knittle quits her business, Knittle's Knitting Shop; she assigns the lease and her insurance policy to Parker's Pistol Packing, a company that packs shotgun shells with gunpowder. The assignment of the insurance policy is ineffective.

Correct Answer
verified

The delegation of a duty leaves the delegator still liable.

Correct Answer
verified

Members of the public are intended beneficiaries of contracts made by the government with a contractor to do public works.

Correct Answer
verified

An incidental beneficiary is:

Correct Answer
verified

An obligee is one who has the right to receive a contract benefit.

Correct Answer
verified

Correct Answer
verified

A right that will arise from a future contract cannot be the subject of a present assignment.

Correct Answer
verified

What is a waiver of defenses?

Correct Answer
verified
One of the cases when the "shoe rule" ma...
View Answer

Exam 14: Third-Party Rights

An assignment might be invalidated by a court if the assignment materially changes the obligor's duties.

Correct AnswerverifiedShow Answer

Under which of the following cases are assignments NOT allowed?

Correct AnswerverifiedShow Answer

A donee beneficiary has no rights.

Correct AnswerverifiedShow Answer

Problems of acceptance of an assignment normally arise only when the assignor intends the assignment as a gift.

Correct AnswerverifiedShow Answer

A contract term barring the contract's assignment usually prohibits both an assignment of the contract's rights but also a delegation of its duties.

Correct AnswerverifiedShow Answer

Who is a delegatee?

Correct AnswerverifiedShow Answer

A creditor beneficiary is _____.

Correct AnswerverifiedShow Answer

Most duties in a contract are almost never expressly delegated.

Correct AnswerverifiedShow Answer

One to whom an obligation is owed is a(n) _____

Correct AnswerverifiedShow Answer

The beneficiary's rights may be altered as long as they have not vested.

Correct AnswerverifiedShow Answer

A personal right can be defined as:

Correct AnswerverifiedShow Answer

A factor is a person:

Correct AnswerverifiedShow Answer

Mrs. Knittle quits her business, Knittle's Knitting Shop; she assigns the lease and her insurance policy to Parker's Pistol Packing, a company that packs shotgun shells with gunpowder. The assignment of the insurance policy is ineffective.

Correct AnswerverifiedShow Answer

The delegation of a duty leaves the delegator still liable.

Correct AnswerverifiedShow Answer

Members of the public are intended beneficiaries of contracts made by the government with a contractor to do public works.

Correct AnswerverifiedShow Answer

An incidental beneficiary is:

Correct AnswerverifiedShow Answer

An obligee is one who has the right to receive a contract benefit.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

A right that will arise from a future contract cannot be the subject of a present assignment.

Correct AnswerverifiedShow Answer

What is a waiver of defenses?

Correct AnswerverifiedOne of the cases when the "shoe rule" ma...View AnswerShow Answer

Correct Answer
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Correct Answer
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One of the cases when the "shoe rule" ma...
View Answer