Question 1

Desu, an accountant, and Engineers PA enter into a contract under which Desu agrees to perform audits for Engineers. Desu can delegate the duty to perform the audits to

Accepted Answer

A)  any reputable accountant.
B)  any accountant working at Desu's firm.
C)  any accountant performing other financial services for Engineers.
D)  no other party.E) None of the above
F) B) and D)

Question 2

On an assignment to a loan broker by an auto dealer of the payments due on an auto loan, the broker obtains only those rights that the dealer originally had.

Accepted Answer

A) True 
 B)False

Question 3

Expressly designating a third party as a beneficiary in a contract indicates that the beneficiary is intended.

Accepted Answer

A) True 
 B)False

Question 4

Under an assignment of "all rights" on a contract, the assignor is absolved from any liability for performance under the contract.

Accepted Answer

A) True 
 B)False

Question 5

Personal services are unique to the person rendering them, but the right to receive those services is not and can therefore be assigned.

Accepted Answer

A) True 
 B)False

Question 6

For a price, Ray agrees to unload trucks that make deliveries to Shoppers Warehouse. Ray delegates this duty to Tim, who then owes performance of the duty to the warehouse. Ray is

Accepted Answer

A)  the obligor.
B)  a third party beneficiary.
C)  the obligee.
D)  the delegatee.E) C) and D)
F) None of the above

Question 7

An insurance policy cannot be assigned if the assignment will significantly alter the risks to, or the duties of, the insurer.

Accepted Answer

A) True 
 B)False

Question 8

Beck and Call enter into a contract under which Beck agrees to cater Call's wedding. The contract expressly prohibits any transfer of rights without the assignee's consent. Call may transfer the right to receive Beck's services to Dion

Accepted Answer

A)  if Beck consents.
B)  if Call decides to use a different caterer.
C)  if Dion is also getting married.
D)  under no circumstances.E) B) and C)
F) None of the above

Question 9

If it were not possible to assign contract rights, many businesses could not continue to operate.

Accepted Answer

A) True 
 B)False

Question 10

For a price, Rose agrees to unload the catch from fishing boats that dock at Seafood Shipping. Rose delegates this duty to Tina, who then owes performance of the duty to the warehouse. Tina is

Accepted Answer

A)  the obligor.
B)  a third party beneficiary.
C)  the obligee.
D)  the delegatee.E) None of the above
F) All of the above

Question 11

An obligee can legally refuse performance from a delegatee only if the duty delegated is one that cannot be delegated.

Accepted Answer

A) True 
 B)False

Question 12

A contract between Max and Nye provides for an "assignment of all rights." Max "assigns the contract" to Olin. Because a court will normally construe this wording as implying both an assignment of rights and a delegation of duties, if Olin fails to perform

Accepted Answer

A)  the contract is void.
B)  the contract is discharged.
C)  Nye is liable.
D)  Max is liable.E) A) and D)
F) A) and C)

Exam 17: Third Party Rights

Personal services are unique to the person rendering them, but the right to receive those services is not and can therefore be assigned.

Correct Answer
verified

Desu, an accountant, and Engineers PA enter into a contract under which Desu agrees to perform audits for Engineers. Desu can delegate the duty to perform the audits to

Correct Answer
verified

An insurance policy cannot be assigned if the assignment will significantly alter the risks to, or the duties of, the insurer.

Correct Answer
verified

Beck and Call enter into a contract under which Beck agrees to cater Call's wedding. The contract expressly prohibits any transfer of rights without the assignee's consent. Call may transfer the right to receive Beck's services to Dion

Correct Answer
verified

An obligee can legally refuse performance from a delegatee only if the duty delegated is one that cannot be delegated.

Correct Answer
verified

Expressly designating a third party as a beneficiary in a contract indicates that the beneficiary is intended.

Correct Answer
verified

On an assignment to a loan broker by an auto dealer of the payments due on an auto loan, the broker obtains only those rights that the dealer originally had.

Correct Answer
verified

For a price, Ray agrees to unload trucks that make deliveries to Shoppers Warehouse. Ray delegates this duty to Tim, who then owes performance of the duty to the warehouse. Ray is

Correct Answer
verified

For a price, Rose agrees to unload the catch from fishing boats that dock at Seafood Shipping. Rose delegates this duty to Tina, who then owes performance of the duty to the warehouse. Tina is

Correct Answer
verified

A contract between Max and Nye provides for an "assignment of all rights." Max "assigns the contract" to Olin. Because a court will normally construe this wording as implying both an assignment of rights and a delegation of duties, if Olin fails to perform

Correct Answer
verified

If it were not possible to assign contract rights, many businesses could not continue to operate.

Correct Answer
verified

Under an assignment of "all rights" on a contract, the assignor is absolved from any liability for performance under the contract.

Correct Answer
verified

Exam 17: Third Party Rights

Personal services are unique to the person rendering them, but the right to receive those services is not and can therefore be assigned.

Correct AnswerverifiedShow Answer

Desu, an accountant, and Engineers PA enter into a contract under which Desu agrees to perform audits for Engineers. Desu can delegate the duty to perform the audits to

Correct AnswerverifiedShow Answer

An insurance policy cannot be assigned if the assignment will significantly alter the risks to, or the duties of, the insurer.

Correct AnswerverifiedShow Answer

Beck and Call enter into a contract under which Beck agrees to cater Call's wedding. The contract expressly prohibits any transfer of rights without the assignee's consent. Call may transfer the right to receive Beck's services to Dion

Correct AnswerverifiedShow Answer

An obligee can legally refuse performance from a delegatee only if the duty delegated is one that cannot be delegated.

Correct AnswerverifiedShow Answer

Expressly designating a third party as a beneficiary in a contract indicates that the beneficiary is intended.

Correct AnswerverifiedShow Answer

On an assignment to a loan broker by an auto dealer of the payments due on an auto loan, the broker obtains only those rights that the dealer originally had.

Correct AnswerverifiedShow Answer

For a price, Ray agrees to unload trucks that make deliveries to Shoppers Warehouse. Ray delegates this duty to Tim, who then owes performance of the duty to the warehouse. Ray is

Correct AnswerverifiedShow Answer

For a price, Rose agrees to unload the catch from fishing boats that dock at Seafood Shipping. Rose delegates this duty to Tina, who then owes performance of the duty to the warehouse. Tina is

Correct AnswerverifiedShow Answer

A contract between Max and Nye provides for an "assignment of all rights." Max "assigns the contract" to Olin. Because a court will normally construe this wording as implying both an assignment of rights and a delegation of duties, if Olin fails to perform

Correct AnswerverifiedShow Answer

If it were not possible to assign contract rights, many businesses could not continue to operate.

Correct AnswerverifiedShow Answer

Under an assignment of "all rights" on a contract, the assignor is absolved from any liability for performance under the contract.

Correct AnswerverifiedShow Answer

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