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An intended third party beneficiary cannot enforce the contract against the original parties once the rights of the third party have vested.

A) True
B) False

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Both intended and incidental beneficiaries acquire legal rights in a contract.

A) True
B) False

Correct Answer

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D'Alemberte contracts with Elias to render personal nursing services for the benefit of Federica. This is


A) ​a delegation.
B) ​an assignment.
C) ​a third party beneficiary contract.
D) ​an alienation.

E) None of the above
F) A) and B)

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C

Ilene and Jerry enter into a contract under which Ilene agrees to provide grounds keeping services for Jerry's Family Fun Center. Under an anti-delegation clause, the contract can prohibit and prevent the transfer of


A) ​only duties that are personal in nature.
B) ​only duties that are impersonal in nature.
C) ​no duties under the contract.
D) ​all duties under the contract.

E) B) and C)
F) A) and D)

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Alienation is a transfer of land ownership.

A) True
B) False

Correct Answer

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Eli owes Martin $10,000. Martin assigns the claim to Jack. Jack does not notify Eli of the assignment. A week later, Martin assigns the same claim to Allen. Allen immediately notifies Eli of the assignment. Allen


A) ​has priority to payment in all states.
B) ​has priority to payment in states that follow the English rule.
C) ​does not have priority to payment in any state.
D) ​has priority to payment in most states.

E) B) and C)
F) A) and B)

Correct Answer

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No contract can prohibit delegation of the duties of the contract.

A) True
B) False

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An intended beneficiary can sue directly to enforce a promisor's promise.

A) True
B) False

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A right cannot be assigned if the assignment will significantly alter the risks or duties of the obligor.

A) True
B) False

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There are no exceptions to the rule that any duty can be delegated.

A) True
B) False

Correct Answer

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All rights can be assigned with no exceptions.

A) True
B) False

Correct Answer

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Privity of contract establishes the basic concept that third parties have no rights in contracts to which they are not parties.

A) True
B) False

Correct Answer

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Fact Pattern 17-1 Four-Square Construction Company enters into a contract with Ben to remodel Carol's Home Store, using products from Delta Building Supplies. -Refer to Fact Pattern 17-1. Halfway through the project, Four-Square refuses to finish the job. The contract can be enforced against Four-Square by


A) ​Ben only.
B) ​Carol's only.
C) ​Ben or Carol's.
D) ​none of the choices.

E) A) and D)
F) None of the above

Correct Answer

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C

Rachel and Stuart enter into a contract for the sale of Rachel's textbook at the end of the fall semester for which Stuart agrees to pay $75. Rachel wants to transfer her right to payment for the book to Terry. This transfer is


A) ​a delegation.
B) ​an assignment.
C) ​an alienation.
D) ​a third-party beneficiary contract.

E) B) and D)
F) A) and B)

Correct Answer

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​Pico, a famous chef, agrees to give ten culinary lessons to Rhoda in exchange for $1,200. Pico's attempt to transfer his contract duties to Sven, an unknown sous-chef, will probably be


A) ​permitted because contracts may be freely delegated.
B) ​permitted because the contract is concerned with cookery.
C) ​prohibited because contracts may not be freely delegated.
D) ​prohibited if Pico and Sven have different skill levels.

E) None of the above
F) A) and B)

Correct Answer

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A delegation relieves the party making it of the obligation to perform.

A) True
B) False

Correct Answer

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Merry Music Inc. and Nina enter into a contract for Nina to write six songs for which Merry Music agrees to pay her. Nina transfers her right to payment under the contract to Omni Artists Agency. In the transfer of rights, Nina is


A) ​a delegator.
B) ​an assignor.
C) ​an obligor.
D) ​a third party beneficiary.

E) All of the above
F) B) and D)

Correct Answer

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B

A third party's right to control the details of performance of a contract indicates that the third party is an intended beneficiary.

A) True
B) False

Correct Answer

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

A) True
B) False

Correct Answer

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In a bilateral contract, a party who makes a promise that benefits a third party is a promisor.

A) True
B) False

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