1. Rocky, who was voted the most valuable player of NYU's basketball team, can: A) cannot delegate as they involved his personal skill. B) cannot delegate due to public policy. C) assign his duties to another player. D) delegate his duties to another player. 2. Which of the following statements is true for assignment of contracts? A) Rights cannot be sold in an assignment. B) The promisor must render all performance to the assignee. C) It represents the transfer of duties to assignees. D) The assignee is not entitled to the entire performance the assignor had a right to under the original contract. 3. Edward owes Frank $100, payable in six months. Frank, who is leaving the country on work, gives his rights to the payment to Marge for $80. Indicate the true statement about this case. A) Edward owes Marge $100. B) Frank will get $100 from Edward. C) Frank is the obligor. D) Edward owes Marge $80. 4. Zeta contracts to perform a violin solo for Pat. Zeta assigns the contract to Roy. Is this a valid delegation of duty? A) There is no valid delegation of Zeta's duty to play because all delegations must be expressly stated in the assignment contract. B) There is a valid delegation of Zeta's duty because Zeta does not want to play for Pat. C) There is no valid delegation of Zeta's duty to play because the contract is one in which Zeta's personal skill as a musician is an essential part of the agreement. D) There is a valid delegation of Zeta's duty as Zeta has entered into a novation with Roy. 5. If the promisor's performance will satisfy a legal duty that the promisee owes a third party, the third party is a(n): A) creditor beneficiary. B) incidental beneficiary. C) implied beneficiary. D) donee beneficiary. 6. Creditor beneficiaries can: A) sue only for payment of money. B) sue only the promisor. C) sue both the promisor and promisee. D) sue in breach of insurance contracts. 7. An assignor who assigns the contract will be relieved of the duty to perform to the other party on the original contract when: A) the contract of assignment explicitly states that the assignor is no longer liable to the other party. B) the assignee contracts to successfully perform the duties. C) the assignee gives notice to the other party. D) there has been a novation of the original contract. 8. The term delegation refers to the transfer of: A) duties involving the promisor's personal skills. B) rights. C) duties that a promisor did not want to perform. D) duties. 9. Unless an assignment agreement clearly indicates a contrary intent, courts today tend to interpret assignments as including a delegation of the assignor's duties. A promise on the part of the assignee to perform these duties: A) depends on the policy followed by the public. B) is not implicit. C) is enforceable by either the promisor or the assignor. D) is not enforceable by the assignor. 10. Transfer of rights is referred to as a(n): A) delegation. B) third-party contract. C) novation. D) assignment. 11. The promisor who delegates duties is ______ to the promisee if the party to whom the duties were delegated fails to satisfactorily perform them. A) liable to the assignee and not B) not liable C) liable D) liable for novation 12. Assignees: A) can sue the promisor for nonperformance. B) cannot enforce any rights of assignor against obligator. C) cannot be liable for duties impliedly delegated with the assignment. D) can acquire greater rights than the assignor has. 13. Which of the following implied guarantee is made by assignors who are paid for making an assignment? A) The assignor has good title to the rights assigned. B) The assignor can enhance the value of the assignment. C) Any written or oral statement representing the claim is genuine. D) The contract has been discharged two months prior to assignment. 14. Carl is a doting father who wants to reward his son, Matt for graduating from college. Carl contracts with a local auto dealer to provide Matt with a new BMW. Under the contract, Carl promises to pay the dealer in exchange for the dealer's promise to deliver the car to Matt. The dealer then backs out of the deal and Matt wants to sue him. In this case: A) Matt is a donee beneficiary of the contract and can enforce it against the dealer. B) Matt cannot enforce the contract against the dealer because Carl's promise was gratuitous and therefore unenforceable. C) Matt is a creditor beneficiary of the contract and can enforce it against the dealer. D) Matt is an incidental beneficiary of the contract and cannot enforce it against the dealer. 15. In the will, Lydia's mother has named Lydia as the owner of her farm and named her as a beneficiary in her insurance policy. Lydia is: A) a donee beneficiary. B) the assignee by novation. C) a creditor beneficiary. D) an incidental beneficiary. 16. Delegations can be prohibited by: A) the Restatement of Contracts. B) public policy. C) the UCC. D) involvement of personal rights. 17. The municipality of College Town enters into a contract with Streetz to have the town's roads repaired. Katie is a resident of College Town and is considered a(n): A) implied beneficiary. B) incidental beneficiary. C) creditor beneficiary. D) donee beneficiary. 18. X, a builder, contracts with the city of Y to build a new convention center. Z, a hotel owner, stands to benefit once the convention center is built, so Z is angry when X backs out of the contract. Z wants to sue X. Can Z sue X? A) Z is a creditor beneficiary and can sue X. B) Z is an incidental beneficiary and cannot sue X. C) Z can sue X because Z is a citizen of Y, with whom X contracted. D) Z is a donee beneficiary and can sue X. 19. A donee beneficiary: A) is a third-party beneficiary who incidentally benefits from a contract. B) is a third-party beneficiary to whom a gift of performance is given. C) is a third party beneficiary who cannot recover the value of the promised performance. D) is a third-party beneficiary who is no longer a part of an agreement.
Paper#12458 | Written in 18-Jul-2015Price : $25