Exam 13: Third-Party Rights and Discharge

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In a mutual rescission,the parties to a contract:

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An equitable condition is one that can be implied from the circumstances surrounding a contract and the parties' conduct.

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Impossibility of performance occurs if the contract becomes subjectively impossible to perform by one of the parties.

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Which of the following statements is correct regarding the assignment of a future right?

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Contracts for the provision of personal services are generally not assignable without the permission of the obligor.

(True/False)
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With an assignment of rights,an obligee generally becomes an assignor when the right is assigned.

(True/False)
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Once an assignment is made,it is the duty of the assignor to notify the obligor so the obligor can deliver proper performance.

(True/False)
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What was the court decision in Accrued Financial Services,Incorporated v.Prime Retail,Incorporated,in which a corporation that conducted lease audits was assigned the right by tenants to recover 40% to 50% of any overcharges collected?

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Commercial impracticability allows discharge of a contract only if it is actually impossible to perform.

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The two general categories of third-party beneficiaries to a contract are:

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A contract that makes performance "satisfaction guaranteed or your money back" bases performance on a concurrent condition.

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Recurrent conditions arise when the parties to a contract agree to render performance simultaneously.

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The unconditional assignment of a contract extinguishes all of the assignor's rights,including the right to sue the obligor directly for nonperformance.

(True/False)
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Commercial impracticability excuses performance if an unforeseeable event makes it impractical for the promisor to perform.

(True/False)
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What is the tangible token rule?

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A minority of states follow the "New York rule" of successive assignments.

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A party who is owed an obligation of performance is called an:

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In an assignment of contract rights,the assignee takes no better rights under the contract that the assignor had.

(True/False)
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A contract can be assigned even if the assignment would materially alter the risk or duties of the obligor.

(True/False)
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An anti-assignment clause may be used if the obligor does not want to deal with or render performance to an unknown third party.

(True/False)
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