Question 1

Which of the following is a type of intended beneficiary?&#10;A)Donee&#10;B)Creditor&#10;C)All of the above&#10;D)None of the above

Accepted Answer

Both Donee and Creditor are types of intended beneficiaries. A Donee is a person or entity that is designated to receive a gift or donation from the performance of a contract. A Creditor is a person or entity that is designated to receive payment or satisfaction of a debt owed to them by the performance of a contract.

Question 2

A person receiving the transfer of a contractual duty is a(n)&#10;A)delegator&#10;B)delegatee&#10;C)assignee&#10;D)assignor

Accepted Answer

A delegatee is the party in a contract who receives the transfer of a contractual duty from another party, known as the delegator.

Question 3

A person transferring a right is a(n)&#10;A)assignee&#10;B)assignor&#10;C)equitable&#10;D)express

Accepted Answer

The person transferring a right is known as the assignor, while the assignee is the person to whom the right is transferred.

Question 4

All duties are delegable.

Accepted Answer

While some duties may be delegable, not all duties can be delegated. For example, a duty that requires a specific personal characteristic or expertise may not be delegable. Additionally, certain legal duties or fiduciary duties may not be delegable.

Question 5

For third-party contract, there has to be an original contract between a promisor and promisee.

Accepted Answer

A third-party contract is a contract in which a third party (someone other than the promisor or promisee) has certain rights or obligations. However, for a third-party contract to exist, there must first be an original contract between the promisor and promisee.

Question 6

An intended beneficiary only includes a donee beneficiary.

Accepted Answer

An intended beneficiary can include both donee beneficiaries (who receive a gift or benefit) and creditor beneficiaries (who have a debt or obligation owed to them fulfilled).

Question 7

There are no specific requirements to perfect an assignment.

Accepted Answer

There are no specific requirements to perfect an assignment, meaning that an assignment is valid and enforceable even if it does not meet any particular formalities.

Question 8

If a skill is not particularized, it can be&#10;A)delegated&#10;B)assigned&#10;C)executed&#10;D)none of the above

Accepted Answer

If a skill is not particularized, it can be delegated.

Question 9

Which of the following is a difference between a novation and assignment?&#10;A)Novation has new terms, whereas assignment does not.&#10;B)Novation must be agreed to, whereas assignment must not.&#10;C)All of the above are differences between a novation and assignment.&#10;D)None of the above are differences between a novation and assignment.

Accepted Answer

Novation involves the substitution of a new contract or party with new terms, while assignment transfers the rights and obligations of one party to another party without altering the original terms of the contract. Additionally, novation requires the agreement of all parties involved, while assignment may not always require agreement. Therefore, all of the above options are differences between novation and assignment.

Question 10

An incidental beneficiary directly benefits from a contract.

Accepted Answer

An incidental beneficiary is a third party that benefits from a contract indirectly or unintentionally, not a direct party to the agreement.

Question 11

A delegation involves the transfer of which of the following?&#10;A)Rights&#10;B)Duties&#10;C)Contracts&#10;D)Money

Accepted Answer

The answer of A delegation involves the transfer of which...

Question 12

A party receiving an indirect benefit from a contract is a(n)&#10;A)intended&#10;B)creditor&#10;C)donee&#10;D)incidental

Accepted Answer

The answer of A party receiving an indirect benefit from...

Question 13

Privity is a direct contractual relationship between a promisor and promisee.

Accepted Answer

The answer of Privity is a direct contractual relationship between...

Question 14

An assignment is a present transfer of a duty.

Accepted Answer

The answer of An assignment is a present transfer of...

Question 15

An assignment involves the transfer of which of the following?&#10;A)Duties&#10;B)Parties&#10;C)Equity&#10;D)Rights

Accepted Answer

The answer of An assignment involves the transfer of which...

Question 16

The person who benefits from a third-party contract is an offeror.

Accepted Answer

The answer of The person who benefits from a third-party...

Question 17

A creditor beneficiary is a third party to whom the promisee owes a legal duty.

Accepted Answer

The answer of A creditor beneficiary is a third party...

Question 18

A delegation can be prohibited&#10;A)by the courts&#10;B)contractually&#10;C)all of the above&#10;D)none of the above

Accepted Answer

The answer of A delegation can be prohibited&#10;A)by the courts&#10;B)contractually&#10;C)all...

Question 19

A nonassignable contract right is&#10;A)personal service&#10;B)duty&#10;C)delegator&#10;D)delegatee

Accepted Answer

The answer of A nonassignable contract right is&#10;A)personal service&#10;B)duty&#10;C)delegator&#10;D)delegatee...

Question 20

A delegation is a present transfer of a contractual right.

Accepted Answer

The answer of A delegation is a present transfer of...

Question 21

Match between columns&#10;                        Premises: Person performing delegated duties.&#10;Person performing delegated duties.&#10;Person performing delegated duties.&#10;Person performing delegated duties.&#10;Person performing delegated duties.&#10;Person performing delegated duties.&#10;Person performing delegated duties.&#10;Person performing delegated duties.&#10;Person performing delegated duties.&#10;Person performing delegated duties.&#10;An intended beneficiary under an insurance policy.&#10;An intended beneficiary under an insurance policy.&#10;An intended beneficiary under an insurance policy.&#10;An intended beneficiary under an insurance policy.&#10;An intended beneficiary under an insurance policy.&#10;An intended beneficiary under an insurance policy.&#10;An intended beneficiary under an insurance policy.&#10;An intended beneficiary under an insurance policy.&#10;An intended beneficiary under an insurance policy.&#10;An intended beneficiary under an insurance policy.&#10;Direct contractual relationship between parties.&#10;Direct contractual relationship between parties.&#10;Direct contractual relationship between parties.&#10;Direct contractual relationship between parties.&#10;Direct contractual relationship between parties.&#10;Direct contractual relationship between parties.&#10;Direct contractual relationship between parties.&#10;Direct contractual relationship between parties.&#10;Direct contractual relationship between parties.&#10;Direct contractual relationship between parties.&#10;Present transfer of duty.&#10;Present transfer of duty.&#10;Present transfer of duty.&#10;Present transfer of duty.&#10;Present transfer of duty.&#10;Present transfer of duty.&#10;Present transfer of duty.&#10;Present transfer of duty.&#10;Present transfer of duty.&#10;Present transfer of duty.&#10;Third party to whom promisee owes a legal duty.&#10;Third party to whom promisee owes a legal duty.&#10;Third party to whom promisee owes a legal duty.&#10;Third party to whom promisee owes a legal duty.&#10;Third party to whom promisee owes a legal duty.&#10;Third party to whom promisee owes a legal duty.&#10;Third party to whom promisee owes a legal duty.&#10;Third party to whom promisee owes a legal duty.&#10;Third party to whom promisee owes a legal duty.&#10;Third party to whom promisee owes a legal duty.&#10;Party directly benefitting from a contract.&#10;Party directly benefitting from a contract.&#10;Party directly benefitting from a contract.&#10;Party directly benefitting from a contract.&#10;Party directly benefitting from a contract.&#10;Party directly benefitting from a contract.&#10;Party directly benefitting from a contract.&#10;Party directly benefitting from a contract.&#10;Party directly benefitting from a contract.&#10;Party directly benefitting from a contract.&#10;Individual transferring a duty.&#10;Individual transferring a duty.&#10;Individual transferring a duty.&#10;Individual transferring a duty.&#10;Individual transferring a duty.&#10;Individual transferring a duty.&#10;Individual transferring a duty.&#10;Individual transferring a duty.&#10;Individual transferring a duty.&#10;Individual transferring a duty.&#10;A person who benefits from a contract.&#10;A person who benefits from a contract.&#10;A person who benefits from a contract.&#10;A person who benefits from a contract.&#10;A person who benefits from a contract.&#10;A person who benefits from a contract.&#10;A person who benefits from a contract.&#10;A person who benefits from a contract.&#10;A person who benefits from a contract.&#10;A person who benefits from a contract.&#10;Individual transferring a right.&#10;Individual transferring a right.&#10;Individual transferring a right.&#10;Individual transferring a right.&#10;Individual transferring a right.&#10;Individual transferring a right.&#10;Individual transferring a right.&#10;Individual transferring a right.&#10;Individual transferring a right.&#10;Individual transferring a right.&#10;Present transfer of a right.&#10;Present transfer of a right.&#10;Present transfer of a right.&#10;Present transfer of a right.&#10;Present transfer of a right.&#10;Present transfer of a right.&#10;Present transfer of a right.&#10;Present transfer of a right.&#10;Present transfer of a right.&#10;Present transfer of a right.

Accepted Answer

The Answer of incidental beneficiary and delegation and privity and is...

Deck 11: Third Party Contracts