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Exam 12: Third Party Rights and Discharge

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Question 21

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A transfer of contract duties to a third party is an assignment.

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Question 22

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Juan and Isidro enter into a contract to buy,restore,and reopen the Coastal Park Carousel.Before either party begins to perform,they agree to cancel their deal.This is

A) substantial performance.
B) mutual rescission.
C) accord and satisfaction.
D) novation.

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Question 23

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

Ben and Andrew are parties to a contract.They agree on a novation.The novation does not require

In most contracts,promises of performance are expressly qualified.

App Developers,Inc.(ADI) ,enters into a contract with Carmen,the chief executive officer of SalesCorp,to create an app for the firm.To fulfill the contract,ADI hires Max and ten other student interns.With respect to the contract,Max is

A novation does not require the extinguishing of the old obligation.

If a contract does not require that performance be rendered directly to a third party,the third party is an intended beneficiary.

Will owes Jenny $1,000.Brad owes Will $1,000.Will unconditionally assigns his rights to Jenny.Will's right to the $1,000 is then

Banks may notassign their loan contracts to other firms.

Objective impossibility discharges a contract.

Fact Pattern 12-1 Four-Square Construction Company enters into a contract with Ben to remodel Carol's Home Store,using products from Delta Building Supplies.Eatery Café is next to Carol's Home Store.The remodeling is a gift from Ben to Carol. -Refer to Fact Pattern 12-1.Delta will realize a profit from the sale of prod-ucts to Four-Square to remodel Carol's store.Delta is

Ruth contracts to provide Stan with fifty hours of telepathic personal coaching.The state legisla-ture sub-sequently passes a law making tele-pathic personal coaching illegal.This law will

In most contracts,promises of performance are not expressly conditioned.

A right can be assigned even if the assignment will significantly alter the risks or duties of the obligor.

Pat,a world famous musician and composer,agrees to give ten piano les-sons to Quinn in exchange for $1,000.Pat's attempt to delegate his con-tract to Ruth,an in-experienced pianist,will probably be

Tristan promises to paint Katy's house in exchange for Lila's promise to plant trees on Tristan's property.This is

Phil enters into a contract to hire Bob's Building Business to build a warehouse for Phil.The contract specifies that the warehouse should be built with HighQual Bricks.When construction starts,HighQual Bricks cannot provide enough bricks for the warehouse.Bob's Building Business substitutes Big Red Bricks,which are comparable in quality and price to HighQual Bricks.This deviation from the contract

In all contracts,absolute promises are expressly conditioned.

Dylan enters into a contract to manage the operations of Cash's accounting office for one year,renewable for subsequent one-year terms.If this contract is discharged like most contracts,it will be