BLAW Chapter 16 Multi
A - ✔✔A(n) ____ is a third party who obtains possible benefits but no rights under a contract.
a.
incidental beneficiary
b.
intended beneficiary
c.
assignor
d.
donee beneficiary
A - ✔✔Anita owes Brad $75,000. Brad signs a written statement granting Glen a gratuitous
assignment of his rights from Anita. Brad delivers the signed statement to Glen before Brad dies.
a.
The delivery of the statement makes the assignment irrevocable.
b.
The assignment is terminated upon Brad's death.
c.
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The signing of the statement makes the assignment irrevocable.
d.
The assignment is invalid, because it is revocable
A - ✔✔Bill has a right against Heather and assigns it for $100 to Dan. Later, Bill grants Heather a
release. Bill:
a.
is liable to Dan for damages because he breached an implied warranty.
b.
has no liability to Dan because he did not expressly warrant that he would not impair the assignment.
c.
has no liability to Dan because the only implied warranty he made was that the assigned right actually
existed at the time of the assignment.
d.
was acting contrary to public policy by assigning a contractual right for money.
A - ✔✔Mary goes to a stockbroker, purchases 50 shares of a certain stock, and instructs the broker
to register the stock in her husband Warren's name. If this stock is intended as a Valentine's Day gift,
Warren becomes a(n):
, a.
donee beneficiary.
b.
transferee.
c.
delegatee.
d.
assignee.
A - ✔✔Mr. Homayer hired Blake Painters to paint his house. Blake decides it has too many jobs and
delegates the duties to the Andrews Company. Andrews does a poor job, and drips paint on the
Homayers' flowers and windows.
a.
Mr. Homayer can sue both Blake and Andrews.
b.
Mr. Homayer can sue Blake, but he cannot sue Andrews.
c.
Mr. Homayer can sue Andrews, but he cannot sue Blake.
d.
Mr. Homayer cannot sue, because he has accepted the benefits of the assignment.
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A - ✔✔The party to whom a contractual duty of performance is owed is known as the:
a.
obligee.
b.
obligor.
c.
assignee.
d.
assignor.
A - ✔✔When contract terms prohibiting the assignment of rights exist, most courts will:
a.
strictly construe them.
b.
interpret a general term prohibiting assignments as rendering any assignment ineffective.
c.
award the obligor no right to damages for breach of a general term prohibiting assignments.
d.
All of the above.
A - ✔✔A(n) ____ is a third party who obtains possible benefits but no rights under a contract.
a.
incidental beneficiary
b.
intended beneficiary
c.
assignor
d.
donee beneficiary
A - ✔✔Anita owes Brad $75,000. Brad signs a written statement granting Glen a gratuitous
assignment of his rights from Anita. Brad delivers the signed statement to Glen before Brad dies.
a.
The delivery of the statement makes the assignment irrevocable.
b.
The assignment is terminated upon Brad's death.
c.
%
The signing of the statement makes the assignment irrevocable.
d.
The assignment is invalid, because it is revocable
A - ✔✔Bill has a right against Heather and assigns it for $100 to Dan. Later, Bill grants Heather a
release. Bill:
a.
is liable to Dan for damages because he breached an implied warranty.
b.
has no liability to Dan because he did not expressly warrant that he would not impair the assignment.
c.
has no liability to Dan because the only implied warranty he made was that the assigned right actually
existed at the time of the assignment.
d.
was acting contrary to public policy by assigning a contractual right for money.
A - ✔✔Mary goes to a stockbroker, purchases 50 shares of a certain stock, and instructs the broker
to register the stock in her husband Warren's name. If this stock is intended as a Valentine's Day gift,
Warren becomes a(n):
, a.
donee beneficiary.
b.
transferee.
c.
delegatee.
d.
assignee.
A - ✔✔Mr. Homayer hired Blake Painters to paint his house. Blake decides it has too many jobs and
delegates the duties to the Andrews Company. Andrews does a poor job, and drips paint on the
Homayers' flowers and windows.
a.
Mr. Homayer can sue both Blake and Andrews.
b.
Mr. Homayer can sue Blake, but he cannot sue Andrews.
c.
Mr. Homayer can sue Andrews, but he cannot sue Blake.
d.
Mr. Homayer cannot sue, because he has accepted the benefits of the assignment.
%
A - ✔✔The party to whom a contractual duty of performance is owed is known as the:
a.
obligee.
b.
obligor.
c.
assignee.
d.
assignor.
A - ✔✔When contract terms prohibiting the assignment of rights exist, most courts will:
a.
strictly construe them.
b.
interpret a general term prohibiting assignments as rendering any assignment ineffective.
c.
award the obligor no right to damages for breach of a general term prohibiting assignments.
d.
All of the above.
