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Delegation is prohibited when the duties are personal in nature.

A) True
B) False

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An assignee obtains only those rights that the assignor originally had.

A) True
B) False

Correct Answer

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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

Correct Answer

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


A) Music Masters .
B) Nina.
C) Omni Artists.
D) both Nina and Omni Artists.

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

Correct Answer

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The rights of a third party beneficiary under a contract vest if the third party materially changes his or her position in justifiable reliance on the promise.

A) True
B) False

Correct Answer

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Harry assigns his rights under a contract with Irma to his college roommate, Jake. Neither Harry nor Jake notifies Irma of the assignment. The assignment


A) will not be effective until notice is given to Irma.
B) will become effective after thirty days even if no notice is given to Irma.
C) is immediately effective.
D) is invalid.

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

Correct Answer

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The party receiving the assignment is the assignee.

A) True
B) False

Correct Answer

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Faye makes and sells furniture. Faye and Glen enter into a contract for the delivery of Faye's products to Glen's Gear retail locations for which he agrees to pay the invoiced price. Faye transfers her right to payment under the contract to Haulers Trucking Company. This transfer is


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

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

Correct Answer

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If a third party has the right to control the details of contract performance, the third party is an incidental beneficiary.

A) True
B) False

Correct Answer

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Lyle and Miranda agree that Lyle will fix the refrigeration unit in Miranda's Bagel Café in exchange for her payment of a debt that Lyle owes to New Credit Corporation. Under this contract, the intended beneficiary is


A) Miranda.
B) New Credit.
C) Lyle.
D) any customer of Miranda's.

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

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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Leon contracts to install automatic watering troughs in Kendall's dairy barn. Leon then becomes seriously ill and contracts with Jake to install the troughs. Jake is unreliable and never shows up to install the troughs. In most states, Kendall can sue


A) no one .
B) Jake only.
C) Leon only.
D) Jake or Leon.

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

Correct Answer

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