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Which of the following is true regarding oral assignments?


A) The UCC requires that assignments be in writing when the amount being assigned is greater than $2,000.
B) The UCC requires that assignments be in writing when the amount being assigned in greater than $1,500.
C) In some cases,assignments may be made orally.
D) Assignments,regardless of the terms,are not covered by the statute of frauds.
E) The UCC requires that assignments be in writing when the amount being assigned is greater than $1,000.

F) C) and D)
G) A) and E)

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There is only one situation in which a third party gains rights to a contract.

A) True
B) False

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Creditor beneficiaries can enforce their rights under a contract whenever the contract is ________.


A) Valid
B) Fair
C) Substantial
D) Recognizable
E) Incidental

F) B) and C)
G) A) and D)

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Which statement below is NOT true with respect to the rights of an assignee and assignor?


A) Assignees essentially fill in for the assignor as the legal recipient of contractual duties.
B) Assignees are offered more protection than assignors.
C) When an assignor transfers rights to an assignee,the assignor legally gives up all rights he or she previously had to collect on the contract.
D) The obligor may raise any of the same defenses for nonperformance against the assignee that he would have been able to raise against the assignor.
E) Assignees acquire the same contractual duties that were held by the assignor.

F) B) and E)
G) A) and B)

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Which of the following is true of notice of an assignment?


A) Notice is not required for a valid assignment,but is a good idea.
B) Notice must be provided either in writing or orally for an assignment to be valid.
C) Assignments are not effective until notice is given.
D) Notice is required for an assignment to be valid.
E) Notice must be provided in writing for an assignment to be valid.

F) A) and E)
G) B) and E)

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Which of the following would be the likely result if Bianca sues Jaya and Ken for the $40 promised to her for her birthday?


A) Bianca will win as to Ken,but will win as to Jaya only if she can prove that she cannot find Ken in order to serve process on him.
B) Bianca will win as to Ken,but will win as to Jaya only if she can prove that Ken is insolvent and unable to pay.
C) Bianca will win as to both because they are equally liable to provide the funds.
D) Bianca will lose as to Jaya because Jaya had no obligation to go through with the gift,but she will win as to Ken.
E) Bianca will lose as to both Jaya and Ken because promises to give gifts are unenforceable in the absence of reliance.

F) A) and C)
G) A) and B)

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Which of the following is NOT an example of contractual rights that cannot be assigned?


A) Rights whose assignment is prohibited by public policy.
B) Rights whose assignment is prohibited by contract.
C) Rights that are personal in nature.
D) Rights to recover damage after a breach of contract.
E) Rights whose assignment would increase the obligor's risk or duties.

F) B) and C)
G) None of the above

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Ned and Trayvon enter into a contract for Ned to buy goods from Trayvon.The contract contains an antiassignment clause.Ned breaches the contract to pay for the goods after Trayvon delivers the items as required by contract.Trayvon does not want to sue for breach,so instead he assigns the right to pursue damages for breach of contract to Melissa.Is the assignment valid?


A) Yes,but only if the assignment complies with the statute of frauds.
B) No,because it would increase Ned's duties to have to pay Melissa.
C) No,because the antiassignment clause prohibits the assignment.
D) Yes,because antiassignment clauses are no longer valid if any part of the contract is not performed
E) Yes,because antiassignment clauses do not affect the right to receive damages for breach of contract to sell goods or services.

F) B) and E)
G) A) and B)

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List four situations under which contractual rights cannot be assigned.

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Four situations under which contractual ...

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A[n] ________ beneficiary is a third party to a contract who is intended to be benefited directly from the contract made by the contracting parties.


A) Ancillary
B) Incidental
C) Preferred
D) Intended
E) Collateral

F) A) and B)
G) A) and E)

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Privity of contract is usually required in order for a party to be bound to a contract or have rights under a contract.

A) True
B) False

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Which of the following is a contractual party who agrees to receive something from the other party?


A) Assignor
B) Boundee
C) Assignee
D) Obligor
E) Obligee

F) A) and B)
G) A) and C)

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[Third-Party Woes] Jaya owed Bobby $40 for a book she purchased from him.Jaya mowed Laura's yard for$40 and made an agreement with Laura that Laura would pay Bobby for the book.Bobby was not aware of the assignment.Laura did not pay anyone.Jaya also mowed Ken's yard for $40.She agreed with Ken that Ken would give the payment to Bianca,representing Jaya's birthday present to Bianca.Ken later refuses to do so,saying that promises to give gifts are not enforceable.Ken then moved out of town.Jaya told both Bobby and Bianca that she was broke and that they would have to recover any amounts due directly from from Laura and Ken respectively.Bianca was very unhappy because she wanted to buy a new pair of sandals with the money. -Which of the following would be the likely result if Bobby sues Jaya for the $40 she owes him for the book?


A) Bobby will win but only because he was not aware of the assignment.
B) Jaya will win because she delegated the duty of payment to Laura.
C) Bobby will win only if Laura cannot be found for service of process.
D) Bobby will win because Jaya cannot avoid her obligations through a delegation.
E) Bobby will win but only because the contract was for an amount under $1,000.

F) B) and E)
G) A) and B)

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Sally and Matteo enter into a contract in which Matteo,a professional painter,agrees to paint a picture of a ship and Sally promises to pay $100 to Matteo for the painting.Sally pays Matteo $100 but he delegates the painting job to his next door neighbor.Is Matteo's delegation legally valid?


A) No,because it would increase the burden on Sally to pay Felipe instead of Matteo.
B) No,because the duties under the contract were personal in nature.
C) No because obligations under a contract can never be delegated.
D) Yes,because the contract was not one for personal services.
E) Yes,because obligations under a contract can always be assigned.

F) A) and B)
G) B) and E)

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Which of the following is true regarding the rights of an incidental beneficiary to a contract to sue to recover incidental rights?


A) An incidental beneficiary may sue to enforce incidental contractual rights only if the incidental beneficiary was once a creditor beneficiary.
B) An incidental beneficiary may sue to enforce incidental contractual rights only if the incidental beneficiary is also a second-party beneficiary.
C) An incidental beneficiary cannot sue to enforce a contract which provided incidental benefits.
D) An incidental beneficiary may sue to enforce incidental contractual rights so long as those rights have vested.
E) An incidental beneficiary may sue to enforce incidental contractual rights only if the incidental beneficiary was once a donee beneficiary.

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

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Creditor beneficiaries can enforce their rights under a contract whenever the contract is valid.

A) True
B) False

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Luis contracts with Molly to wash her car and then delegates the duty to Paul.Paul fails to wash the car.Which of the following is true regarding Luis's duty to Molly,if any?


A) Luis has no duty to Molly so long as she did not expressly object to the delegation.
B) Luis continues to be bound to Molly to see that her car gets washed.
C) Luis has no duty to Molly regardless of whether she objected to the delegation.
D) Luis continues to be bound to Molly to see that her car gets washed unless he already paid Paul for the job.
E) Luis continues to be bound to Molly to see that her car gets washed only if the contract expressly prohibited delegation.

F) All of the above
G) A) and D)

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When the parties live in a jurisdiction that allows donee beneficiaries to enforce rights under a contract,against whom may a done beneficiary enforce rights and why?

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When a donee beneficiary may enforce rig...

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Kurt and Jennifer have an agreement that Jennifer will buy Kurt's house.Later Jennifer verbally assigns the right to buy the house to Kristi,one of Kurt's former girlfriends.When Kristi shows up with the money,Kurt says "No way! You ditched me to date Rick.I'm not ever letting you get anything from me!" Which of the following is true in regard to the dispute between Kurt and Kristi?


A) Kristi cannot enforce the assignment because it was not in writing.
B) Kristi can enforce the assignment only if the agreement that Kurt and Jennifer had was in writing.
C) Kristi can enforce the assignment.
D) Kristi cannot enforce the assignment because Kurt did not specifically grant Jennifer the power to assign the contract.
E) Kristi cannot enforce the assignment because assignments to purchase property cannot ever be assigned for public policy reasons.

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

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What is the term for the third party who receives an assignment of contract rights?


A) Assignor
B) Assignee
C) Transferor
D) Relator
E) Transferee

F) A) and E)
G) C) and D)

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