Exam 16: Third Party Rights

A donee beneficiary can never sue to enforce the promise of a promisor.

Fact Pattern 16-B1 Bayside Construction Company enters into a contract with Clio to remodel Dewey's Home Store, using products from Eagle Building Supplies. Fresh Food Cafe is next to Dewey's Home Store. The remodeling is a gift from Ben to Dewey. -Refer to Fact Pattern 16-B1. Halfway through the project, Bayside refuses to finish the job. The contract can be enforced against Bayside by

A third party beneficiary contract is formed when a contract con?fers a benefit on any third party.

Xtra Finance Company is a creditor beneficiary in a deal that involves Yvon and Zack. Xtra, like most creditor beneficiaries, is

To be enforceable, a delegation of duties must be in writing.

Rural Development Corporation (RDC) and Sid enter into a contract for the clear-cutting of RDC's fifty-acre tract for which RDC agrees to pay Sid. Sid transfers his duty to log the tract under the contract to Timber Logging Company. Timber is

Shade Tree Landscaping Company enters into a contract with Jill to landscape Jack's yard, using Fertile Nursery to supply trees and bushes. Maria owns the lot next to Jack's property. The landscaping is a gift from Jill to Jack, who is Jill's friend, but they are not related. What type of beneficiary is Jack? What type of beneficiary is Maria? What type of bene?ficiary is Fertile Nursery? If Shade Tree refuses to do the job, who can en?force the contract against it?

Alienation is a transfer of the ownership of land.

The person to whom rights in a contract are assigned is the assignor.

Esther and Faisal agree that Esther will fix Faisal's car in exchange for his paying a preexisting debt owed by Esther to Gladys. Gladys is

A delegation relieves the party making it of the obligation to per?form even if the party to whom the duty is delegated fails to perform.

Privity of contract refers to the privacy that contracting parties should maintain with respect to their contract.

Generally, a party may not delegate his or her duties under a contract.

Bret and Cory enter into a contract for the sale of Bret's textbook at the end of the fall semester for which Cory agrees to pay Bret $60. Cory wants to transfer her right to payment for the book to Del. This transfer

Equity Company and Faye enter into a contract for Faye to cater a meeting of Equity's shareholders. When Faye's schedule conflicts, she asks Gudren to serve Faye's coffee and pastries at the meeting. This transfer of duties is

The vesting of contractual rights in a third party will always prevent the origi?nal parties to the contract from modifying it.

If a contract does not require that performance be rendered directly to a third party, the third party will be considered an intended beneficiary.

Pat, a world famous musician and composer, agrees to give ten piano les?sons to Quinn in exchange for $1,000. Pat's attempt to transfer his contract duties to Ruth, an in?experienced pianist, will probably be

Fact Pattern 16-B1 Bayside Construction Company enters into a contract with Clio to remodel Dewey's Home Store, using products from Eagle Building Supplies. Fresh Food Cafe is next to Dewey's Home Store. The remodeling is a gift from Ben to Dewey. -Refer to Fact Pattern 16-B1. The value of Fresh Food's property will increase after Dewey's store is remodeled. Fresh Food is

Betty assigns her right to payment of a loan to Cody. Cody is