Question 17 of 50

What is the legal principle that traditionally states that only the parties who have entered into a contract have rights and liabilities under that contract?

What is the term for the transfer of contractual rights to a third party, which occurs after the original contract is made?

In a contract, if a party transfers their contractual duties to a third party, what is this action called?

In a contractual assignment, what are the respective terms for the party assigning the rights and the party receiving the rights?

Under what circumstances may a right NOT be assigned?

What is the general rule regarding the delegator's liability after a duty has been delegated to a delegatee?

What is a contract in which the parties intend for the performance to directly benefit a third person called?

Which of the following scenarios describes a donee beneficiary?

Under what circumstance have the rights of an intended third party beneficiary vested?

What is the key factor courts focus on when determining if a third party is an intended beneficiary or an incidental beneficiary?

If a party receives an unintentional benefit from a contract between two other parties, what is that party's legal status?

In the case of Revels v. Miss America Organization, why was Rebekah Revels considered an incidental beneficiary of the franchise agreement between MAO and MNCPO?

When a contract includes a general phrase such as 'I assign the contract', how do courts typically interpret this wording?

If an assignee's rights are subject to the defenses that the obligor has against the assignor, what does this mean in practice?

What is the primary purpose of an exception to anti-assignment clauses for the right to receive monetary payments?

Is it legally necessary for an assignee to give notice of an assignment to the obligor to establish the validity of the assignment?

Which of the following does NOT need to occur for the rights of a third party beneficiary to vest?

In the case Midwestern Indemnity Co. v. Systems Builders, Inc., why was the subcontractor Varco-Pruden considered an intended third party beneficiary of the contract between the owner and the general contractor?

What type of beneficiary is a person who benefits from a contract made for the express purpose of giving them a gift?

A party who transfers his or her contractual rights to a third party is known as the:

If a contract for the sale of goods prohibits assignment, can the right to receive damages for a breach of that contract still be assigned?

What happens if an obligor, who has not been notified of an assignment, renders performance to the original obligee (the assignor)?

A duty to perform cannot be delegated when:

If a contract is made to pay the debt of a third person, and the promisee owes that third person a debt, the third person is known as a:

In the Martha Graham case (Case 16.1), the court found that an oral assignment of dance copyrights was valid. What was the essential element that made the oral assignment enforceable?

A duty to perform a contract can generally be delegated, except when:

What is the consequence if the rights of an intended third party beneficiary have vested?

A local government contracts with a construction company to repave a public road. A nearby restaurant owner, who was not a party to the contract, expects to see increased business due to the improved road. If the construction company breaches the contract, can the restaurant owner sue to enforce it?

In a delegation of duties, who is the party to whom the duties have been delegated?

What is the term for a party to a contract to whom a duty or obligation is owed?

If a contract contains a clause that prohibits assignment, which of the following rights can typically still be assigned?

A third party's rights in a contract vest when they materially change their position in justifiable reliance on the promise. Which legal doctrine does this principle reflect?

If a duty is delegated, and the delegatee enters into a contract with the delegator where they promise to perform, the obligee can sue the delegatee directly. What is this situation called?

The historic 1859 case of Lawrence v. Fox established the rule that which type of third party beneficiary can sue the promisor directly?

What is the legal term for a party to a contract who has an obligation to perform a duty?

When a contract is for personal services, such as a famous artist being hired to paint a mural, can the artist delegate this duty to another, equally skilled artist?

What is the primary difference between an assignment and a third party beneficiary contract?

When a court must determine if a third party is an intended beneficiary, what is a factor that strongly indicates this status?

If a contract has an anti-delegation clause, can the duties still be delegated?

When a valid assignment of rights is made, what happens to the rights of the assignor?

If a contract to paint a house is delegated by the original painter to a second painter, and the second painter fails to perform, who can the homeowner sue?

What is the primary difference between a creditor beneficiary and a donee beneficiary?

Which of the following is NOT a valid exception to a contractual clause that prohibits assignment?

If the original parties to a contract reserve the right to change the beneficiary in the contract language, can they do so even after the beneficiary's rights have technically vested?

When an insurance company's performance under a policy is assigned to a new property owner, the assignment is often ineffective because it:

The modern view on classifying third party beneficiaries, as adopted by the Restatement (Second) of Contracts, primarily distinguishes between which two types?

If a delegator expresses an intention to make a delegation of duties, is a special form or the use of the word 'delegate' required for it to be effective?

When does the right of a third party to sue a promisor for breach of contract arise?

Which of the following describes a situation that would prevent a duty from being delegated?