Question 1

The privilege to play tennis and socialize at the Capital City Country Club (CCCC)  is obtained through application, references, resumes, and fees.Steven and Chanel want to assign the remaining 4 years of their 5-year membership to Charles and Prissy so that Steven and Chanel may join the posh Silver Hawk Tennis and Polo Club.CCCC sues to enjoin Steven and Chanel from assigning their membership.CCCC will most probably:

Accepted Answer

A)   prevail because assigning the membership contract would violate public policy.
B)   not prevail because all contract rights are assignable.
C)   prevail because the parties intended the contract to be personal and non-assignable.
D)   None of these.E) A) and B)
F) A) and D)

Question 2

In a third-party beneficiary contract, the third party's rights arise at the time the contract is formed.

Accepted Answer

A) True 
 B)False

Question 3

Carl, a contractor, and Lyle, a landowner, have a contract whereby Carl is to perform routine construction services according to the blueprints that Lyle has provided.Carl assigns the contract to David, a developer.As a result of this assignment:

Accepted Answer

A)   Carl no longer has any rights under the contract, but he remains responsible for the duties he agreed to perform.
B)   Carl has no more rights or responsibilities with regard to the contract.
C)   Carl has all of his rights under the contract, but he has no responsibility for the performance of the duties.
D)   Lyle can bring suit based upon detrimental reliance.E) A) and C)
F) B) and C)

Question 4

According to the Restatement, unless circumstances indicate the contrary, a contract term prohibiting assignment of the contract bars both the assignment of rights and the delegation to the assignee of the assignor's duty of performance.

Accepted Answer

A) True 
 B)False

Question 5

Harold hired Blake Painters to paint his house.Blake decides he has too many jobs and delegates the duties to the Andrews Company.If Andrews does a poor job, and drips paint on Harold's flowers and windows, Harold:

Accepted Answer

A)   cannot sue, because he has accepted the benefits of the assignment.
B)   can sue both Blake and Andrews.
C)   can sue Blake, but he cannot sue Andrews.
D)   can sue Andrews, but he cannot sue Blake.E) C) and D)
F) A) and D)

Question 6

Which of the following is NOT true concerning the requirements for an effective assignment?

Accepted Answer

A)   Consideration is required.
B)   The assignment must be voluntary.
C)   There must be an intention to make the assignee the owner of the right.
D)   The assignment may be either written or oral.E) B) and D)
F) B) and C)

Exam 16: Third Parties to Contracts

Which of the following is NOT true concerning the requirements for an effective assignment?

Correct Answer
verified

Harold hired Blake Painters to paint his house.Blake decides he has too many jobs and delegates the duties to the Andrews Company.If Andrews does a poor job, and drips paint on Harold's flowers and windows, Harold:

Correct Answer
verified

Carl, a contractor, and Lyle, a landowner, have a contract whereby Carl is to perform routine construction services according to the blueprints that Lyle has provided.Carl assigns the contract to David, a developer.As a result of this assignment:

Correct Answer
verified

In a third-party beneficiary contract, the third party's rights arise at the time the contract is formed.

Correct Answer
verified

Correct Answer
verified

According to the Restatement, unless circumstances indicate the contrary, a contract term prohibiting assignment of the contract bars both the assignment of rights and the delegation to the assignee of the assignor's duty of performance.

Correct Answer
verified

Exam 16: Third Parties to Contracts

Which of the following is NOT true concerning the requirements for an effective assignment?

Correct AnswerverifiedShow Answer

Harold hired Blake Painters to paint his house.Blake decides he has too many jobs and delegates the duties to the Andrews Company.If Andrews does a poor job, and drips paint on Harold's flowers and windows, Harold:

Correct AnswerverifiedShow Answer

Carl, a contractor, and Lyle, a landowner, have a contract whereby Carl is to perform routine construction services according to the blueprints that Lyle has provided.Carl assigns the contract to David, a developer.As a result of this assignment:

Correct AnswerverifiedShow Answer

In a third-party beneficiary contract, the third party's rights arise at the time the contract is formed.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

According to the Restatement, unless circumstances indicate the contrary, a contract term prohibiting assignment of the contract bars both the assignment of rights and the delegation to the assignee of the assignor's duty of performance.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified