Exam 16: B: Third Party Rights

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

Heather and Genice agree that Genice can satisfy her debt to Heather by pay?ing the money directly to Fava (to whom Heather owes a debt).The designation of this con?tract as a third party benefi?ciary contract is determined by the intent to benefit

Miley and Rico enter into a contract for the closing of a sale of Miley's recording studio.When Rico's schedule conflicts,he asks Oliver to perform his duties at the closing.This transfer of duties is

The rights of a third party bene?ficiary under a contract vest if the third party brings a suit on the promise.

Fix-It Auto Company contracts to sell a car to Garth for $3,500.Garth gives Fix-It a worth?less check for the price.Garth assigns his right to the car to Herb.If Fix-It refuses to deliver the car to Herb and Herb sues,can Fix-It raise Garth's fraud as a defense against deliv?ery of the car to Herb? Explain.

Tanya attempts to free herself from the duties of her contract with Drew by telling Drew to find someone else to perform them.This is

Fiorella and Midwest Agri-Ship,Inc. ,enter into a contract for Midwest to transport a silo of corn for which Fiorella agrees to pay Midwest.Due to schedule conflicts,Midwest contacts Hybrid Crop Transport Company,to which Midwest "assigns all rights under the contract." This transfer is

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 Café is next to Dewey's Home Store. -Refer to Fact Pattern 16-B1.Dewey is

Alienation is a transfer of contract rights between citizens of different nations.

Commercial Shipping,Inc. ,and Dock Services Corporation enter into a contract for Dock to load Commercial's barges for which Commercial agrees to pay Dock.Dock transfers its duty to load the barges to Riverside Freight Company.Dock is

Designating a third party as a beneficiary in a contract does not indicate whether the beneficiary is intended or incidental.

An assignee can compel the obligor to perform.

Basil and Rosemary enter into a contract for the sale of Basil's condominium to Rosemary.She transfers her right to be recorded as the owner of the property to her son Sage.This transfer is

An incidental third party beneficiary cannot sue to enforce the contract because the benefit is unintentional.

Nashville Harmonies Inc.and Taylor enter into a contract for Taylor to write six songs for which Nashville agrees to pay her.Taylor transfers her right to payment under the contract to Omni Entertainment Agency.In the transfer of rights,Taylor is

Jocasta contracts to provide lawn-mowing services to Kevin for $140 per month.Jocasta can?not transfer this duty

Reba and Sly enter into a contract by which Reba promises to deliver newly printed marketing brochures to Sly.Reba later transfers her duty under the contract to Troy.Reba 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?

A delegation relieves the party making it of the obligation to per?form.

To make an effective delegation,the delegator must use the word delegate.