1.
(p. 429)
There is no legally required wording to be used or forms to be filled out for assignments
to be valid.
2.
(p. 430)
Most countries do not grant third-party rights to contracts.
3.
(p. 431)
Assignment of personal duties is generally permitted.
4.
(p. 439)
Russia has modified the Russian Civil Code to reflect the freedom of assignments found
in the American Uniform Commercial Code.
5.
(p. 436–437)
A contract stating “I assign all of my rights under the contract” will generally be
construed to be an assignment of rights but not duties.
6.
(p. 438)
An intended beneficiary is a third party to a contract who is intended to be directly
benefited from the contract made by the contracting parties.
7.
(p. 441)
A donee beneficiary is a third party that benefits from a contract in which the promisor
agrees to pay the promisee’s debt in return for compensation plus interest.
8.
(p. 441)
A donee beneficiary is a type of incidental beneficiary.
9.
(p. 443)
Creditor beneficiaries can enforce their rights under a contract whenever the contract is
valid.
10.
(p. 444)
A factor that courts consider in determining whether a party is an incidental or intended
beneficiary is whether the contract directly states that the third party is the benefiting party.
11.
(p. 430)
In Australia a third party can sue for breach of contract.
12.
(p. 437)
Which of the following was the result on appeal in
Forest Commodity Corp. (“FCC”) v.
Lone Star Industries Inc.
, the case in the text in which the Forest Commodity Corp. denied that it
violated a contractual nonassignability clause and claimed that it was entitled to recover on a
breach of contract claim because the defendant did not fully perform?
13.
(p. 440–441)
Alice owned a condominium directly above Sam. Alice failed to take proper care
of some plumbing problems, and on several occasions Alice’s plumbing problems caused leaking
into Sam’s apartment resulting in property damage. Both Alice and Sam had signed a
condominium association agreement providing that each tenant would pay for any damage
caused; that the agreement could be enforced by the management of the association or, in a
proper case, by an aggrieved owner; and that adherence to the agreement was required “for the
benefit of the Association and any person acquiring or owning an interest in the property.” The
association itself refused to sue Alice in order to recover damages with which to reimburse Sam.
Therefore, Sam sued Alice himself. She claimed that he had no standing to sue. Which of the
following is the most likely result of the dispute if the court follows
Allan v. Nersesova
, the case
in the text involving a similar issue?
14.
(p. 428)
Parties not in ______ usually do not have rights to a contract.
15.
(p. 428)
Which of the following is a contractual party who agrees to do something for the other
party?
16.
(p. 428)
Which of the following is a contractual party who agrees to receive something from the
other party?
17.
(p. 428)
Which of the following occurs when a party to a contract transfers his or her rights to a
contract to a third party?
18.
(p. 428)
What is the term for the party to a contract who transfers his or her rights to a contract to
a third party?
19.
(p. 428)
What is the term for the third party who receives an assignment of contract rights?
20.
(p. 428–429)
Which of the following is false regarding the rights of an assignee and assignor?
21.
(p. 429)
Which of the following, if any, is needed in order for an assignment to be valid?
22.
(p. 429)
Which of the following is true regarding oral assignments?
23.
(p. 431)
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?
24.
(p. 432)
Sally agrees to mow Paul’s yard for $300 for the summer. Paul wishes to assign the
contract to his grandmother. Sally objects because Paul’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 Sally and Paul?
25.
(p. 432)
When parties include a[n] ______ clause in their contract, the parties are attempting to
limit their ability to assign their rights under the contract.
26.
(p. 432–433)
Which of the following is true regarding whether a contract may be assigned even
in the presence of an antiassignment clause?
27.
(p. 445)
Which of the following was the result in the case in the text
Wesley Locke v. Ozark City
Board of Education,
in which an umpire was injured by an angry parent and sued claiming that he
was an intended third-party beneficiary under a contract the defending board of education had
with the Alabama High School Athletic Association requiring police protection which was not
provided?