48.
(p. 443)
Which of the following is true regarding the rights of an incidental beneficiary to a
contract to sue to recover incidental rights?
49.
(p. 444)
Which of the following is a consideration of courts in determining whether a person is an
incidental or intended beneficiary?
50.
(p. 444)
Which of the following is true regarding factors considered by a court in determining
whether a party is an intended or incidental beneficiary?
51.
(p. 446)
What was the ruling of the court in the Case Opener involving a lawsuit by fans seeking a
refund based upon the Tyson and Holyfield fight being stopped in the third round because Tyson
bit off a piece of Holyfield’s ear?
52.
(p. 429)
Which of the following is true regarding an assignee’s acceptance of assigned rights?
53.
(p. 433)
What would be the likely result of a lawsuit brought by Richard against Jan to recover the
$800?
54.
(p. 436)
Which of the following is true regarding Jan’s statement to Billy that he had no right to
assign the contract?
55.
(p. 435)
Which of the following is true regarding Billy’s claim that he had no duty to pick up the
paint cans?
56.
(p. 435)
What would be the most likely result if Belinda sues Michelle for the $10,000 payment?
57.
(p. 435)
What would be the most likely result if Fred sues Michelle for the $10,000 payment?
58.
(p. 433)
What would be the most likely result if Fred sues Harry for the $4,000 payment?
59.
(p. 435)
Which of the following would be the likely result if Sam sues Trudy for the $40 she owes
him for the book?
60.
(p. 435)
Which of the following is the likely result if Sam sues Betty for the $40 that Trudy owes
him for the book?
61.
(p. 443)
Which of the following would be the likely result if Sally sues Trudy and Bob for the $40
promised to her for her birthday?
62.
(p. 438–439)
What type of third-party beneficiary is Sam?
63.
(p. 438–441)
What type of third-party beneficiary is Sally?
64.
(p. 433–434)
List and discuss two reasons why notice of assignment should be given.
65.
(p. 431–432)
Lists four situations under which contractual rights cannot be assigned.
66.
(p. 443)
Assuming the parties live in a jurisdiction that allows donee beneficiaries to enforce
rights under a contract, against whom may a donee beneficiary enforce rights and why?
67.
(p. 443)
Maurice is excited because a developer plans a subdivision full of high priced homes that
will adjoin his property. Maurice is so pleased that he puts in a new swimming pool to celebrate.
Maurice believes that the subdivision will significantly increase the value of his property. The
developer, however, changes his mind and decides not to develop the subdivision. Maurice is
angry and asks if he can sue the developer, particularly since he can establish reliance. What
would you tell Maurice and why? Discuss whether you agree with the law on this issue and why
or why not.
68.
(p. 444)
List and discuss the tests used to determine whether a party is an intended or incidental
beneficiary.