Question 1

Which of the following duties would not be delegable?

Accepted Answer

A) John has a contractual duty to pay Isaac $50. 
B) Karl has a contractual duty to deliver 50 bushels of corn to Michael by October 1. 
C) Jeffrey has a duty to mow Georgia's lawn at least once a week. 
D) Arthur has a duty to teach an accounting class at a community college during the fall semester. 
A) John has a contractual duty to pay Isaac $50. 
B) Karl has a contractual duty to deliver 50 bushels of corn to Michael by October 1. 
C) Jeffrey has a duty to mow Georgia's lawn at least once a week. 
D) Arthur has a duty to teach an accounting class at a community college during the fall semester.

Question 2

After an assignment,only the assignee has a right to the obligor's performance.

Accepted Answer

A) True 
 B)False

Question 3

The UCC prohibits assignments of $5,000 or more.

Accepted Answer

A) True 
 B)False

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

Carlos voluntarily transfers to Opal his right to receive a payment of $125 due to him from Scott.Scott is the assignee.

Accepted Answer

A) True 
 B)False

Question 6

Unless otherwise provided by statute,an assignment may be made orally.

Accepted Answer

A) True 
 B)False

Question 7

Barbara owes Arthur $2,000.On July 1,Arthur assigns the right to the $2,000 to Caleb.Thereafter,on July 15,Arthur assigns the same right to David,who in good faith gives value for it and knows nothing about the first assignee.In this case:

Accepted Answer

A) Caleb has the right to the payment of $2,000. 
B) David has the right to the $2,000. 
C) neither Caleb nor David can claim the $2,000. 
D) The rule differs by state. 
A) Caleb has the right to the payment of $2,000. 
B) David has the right to the $2,000. 
C) neither Caleb nor David can claim the $2,000. 
D) The rule differs by state.

Question 8

The obligor need not receive notice for an assignment to be valid.

Accepted Answer

A) True 
 B)False

Question 9

Assignments of future wages are subject to statutes that sometimes prohibit them altogether.

Accepted Answer

A) True 
 B)False

Question 10

Give an example of an assignment of rights and explain the relationship of the parties.

Accepted Answer

An assignment of rights is the voluntary

Question 11

Name four types of contract rights that are non-assignable.

Accepted Answer

Non-assignable contract rights include t

Question 12

Marlene owes Bailey $750 due June 1.Bailey assigns the debt to Greg on May 1,but neither Bailey nor Greg informs Marlene.On June 1,Marlene pays Bailey.Marlene is fully discharged from her obligation.

Accepted Answer

A) True 
 B)False

Question 13

All but which of the following is true about a delegation of duties?

Accepted Answer

A) When the delegatee assumes the delegated duty, both the delegator and the delegatee are liable for performance of the contractual duty to the obligee. 
B) Contractual duties are generally delegable. 
C) The courts will examine an assignment more closely than a delegation. 
D) A delegation will not be permitted if the nature of the duties are personal in that the obligee has a substantial interest in having the delegator perform the contract. 
A) When the delegatee assumes the delegated duty, both the delegator and the delegatee are liable for performance of the contractual duty to the obligee. 
B) Contractual duties are generally delegable. 
C) The courts will examine an assignment more closely than a delegation. 
D) A delegation will not be permitted if the nature of the duties are personal in that the obligee has a substantial interest in having the delegator perform the contract.

Question 14

An intended donee beneficiary may enforce the contract against the promisor only.

Accepted Answer

A) True 
 B)False

Question 15

Discuss defenses available to the promisor in an action by an intended third-party beneficiary to enforce the promise.

Accepted Answer

a.In an assignment and a delegation,the

Question 16

A transfer to a third party of a contractual obligation is known as a(n):

Accepted Answer

A) assignment of rights. 
B) delegation of duties. 
C) revocability of assignment. 
D) partial assignment. 
A) assignment of rights. 
B) delegation of duties. 
C) revocability of assignment. 
D) partial assignment.

Question 17

The general rule is that an assignee stands in the shoes of the assignor.He acquires the rights of the assignor but acquires no new or additional rights.

Accepted Answer

A) True 
 B)False

Question 18

Courts will enforce contracts for the benefit of all but which of the following?

Accepted Answer

A) Donee beneficiaries. 
B) Creditor beneficiaries. 
C) Incidental beneficiaries. 
D) Intended beneficiaries. 
A) Donee beneficiaries. 
B) Creditor beneficiaries. 
C) Incidental beneficiaries. 
D) Intended beneficiaries.

Question 19

Article 9 of the UCC makes waiver-of-defense clauses effective against assignees in consumer transactions.

Accepted Answer

A) True 
 B)False

Question 20

A person who owes a duty under a contract is an obligee.

Accepted Answer

A) True 
 B)False

Exam 16: Third Parties to Contracts

Which of the following duties would not be delegable?

After an assignment,only the assignee has a right to the obligor's performance.

The UCC prohibits assignments of $5,000 or more.

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.

Carlos voluntarily transfers to Opal his right to receive a payment of $125 due to him from Scott.Scott is the assignee.

Unless otherwise provided by statute,an assignment may be made orally.

Barbara owes Arthur $2,000.On July 1,Arthur assigns the right to the $2,000 to Caleb.Thereafter,on July 15,Arthur assigns the same right to David,who in good faith gives value for it and knows nothing about the first assignee.In this case:

The obligor need not receive notice for an assignment to be valid.

Assignments of future wages are subject to statutes that sometimes prohibit them altogether.

Give an example of an assignment of rights and explain the relationship of the parties.

Name four types of contract rights that are non-assignable.

Marlene owes Bailey $750 due June 1.Bailey assigns the debt to Greg on May 1,but neither Bailey nor Greg informs Marlene.On June 1,Marlene pays Bailey.Marlene is fully discharged from her obligation.

All but which of the following is true about a delegation of duties?

An intended donee beneficiary may enforce the contract against the promisor only.

Discuss defenses available to the promisor in an action by an intended third-party beneficiary to enforce the promise.

A transfer to a third party of a contractual obligation is known as a(n):

The general rule is that an assignee stands in the shoes of the assignor.He acquires the rights of the assignor but acquires no new or additional rights.

Courts will enforce contracts for the benefit of all but which of the following?

Article 9 of the UCC makes waiver-of-defense clauses effective against assignees in consumer transactions.

A person who owes a duty under a contract is an obligee.

Introduction to Law

Business Ethics

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Performance, Breach, and Discharge

Contract Remedies

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

Environmental Law

International Business Law

Introduction to Property, property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

Filters