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Exam 12: Reality of Assent

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Question 51

Multiple Choice

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A[n] ___________ beneficiary is one who unintentionally gains a benefit from a contract between other parties.

A) Incidental
B) Creditor
C) Donee
D) Vested
E) Accidental

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

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Question 52

Multiple Choice

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Sally agrees to mow Paul's yard for $300 for the summer. Paul wishes to assign the contract to his grandmother. Sally objects because Paul's yard is very small while the grandmother's yard is over an acre. Which of the following is the correct legal outcome for the dispute between Sally and Paul?

A) Sally will win because Paul's attempted assignment would increase the duties to which she agreed.
B) Sally will win because all assignments are invalid without the obligor's consent.
C) Sally will win unless Paul paid her the $300 in advance in which case Paul will win.
D) Paul will win because he may validly assign the contract without Sally's consent.
E) Paul will win so long as he tells Sally about the assignment prior to the time she begins any performance whatsoever.

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

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Question 53

Multiple Choice

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Even if they would normally have to be in writing, if applicable criteria are met, oral contracts for ____________ goods are enforceable.

The ___________ rule is a common law rule that addresses the admissibility of oral evidence as it relates to written contracts.

Define the term "admission" in relation to contracts under the statute of frauds. Discuss the pros and cons of the rule on admissions, and whether you think courts should recognize admissions.

Which of the following is false regarding the parol evidence rule?

Reference - Third-Party Woes. Trudy owed Sam $40 for a book she purchased from him. Trudy mowed Betty's yard for $40 and agreed with Betty that Betty would pay Sam for the book. Sam is not initially aware of the agreement. Betty pays no one. Trudy also mowed Bob's yard for $40 in return for Bob's agreement to give the payment to Sally representing Trudy's birthday present to Sally. Bob later refuses to do so saying that promises to give gifts are not enforceable. He then moves out of town. Trudy tells both Sam and Sally that she is broke, that Sam needs to get his $40 for the book from Betty, and that Sally is owed $40 from Bob for her birthday present. Which of the following would be the likely result if Sally sues Trudy for the $40 promised to her for her birthday?

There is no legally required wording to be used or forms to be filled out for assignments to be valid.

Which of the following is false regarding rights of an assignee and assignor?

Reference - Not So Rich Uncle. Bruce is attempting to convince Sally to marry him. He promises her that if she will marry him, he will buy a new Mercedes automobile for her within six months of the marriage and take her on a world tour within a year of the marriage date. Sally reluctantly agrees, and they sign an agreement by which Bruce agrees to provide the Mercedes and world tour. Bruce and Sally marry on January 1. Unexpectedly, on March 1, Bruce's supposedly rich uncle, Frank, dies. Frank has no living relatives other than Bruce, and Frank's will leaves everything to Bruce who is also appointed executor. In attempting to settle the estate, Bruce agrees orally to pay out of his own pocket debts of Frank totaling $10,000. Sally is concerned about Bruce's doing so. Bruce tells her not to worry because he will get all the money back when the estate settles. Bruce admits to a number of friends that he agreed to settle the debts out of his own pocket because he needed to obtain assets from the estate in a hurry. The assets were needed in large part to satisfy his obligations to Sally. Surprisingly, it later came to light that prior to his death Frank had signed away all his assets to his girlfriend in Argentina. There was nothing left in the estate for Bruce to inherit. Bruce disavowed his agreement to pay $10,000 to various creditors. Which of the following is the appropriate term for the marriage agreement entered into between Bruce and Sally?

In contracts other than those governed by the UCC, which of the following are required elements for a writing to be considered sufficient under the statute of frauds?

Which of the following are written contracts intended to be the complete and final representation of the parties' agreement?

Which of the following is a type of intended beneficiary?

Lists four situations under which contractual rights cannot be assigned.

Reference - Third-Party Woes. Trudy owed Sam $40 for a book she purchased from him. Trudy mowed Betty's yard for $40 and agreed with Betty that Betty would pay Sam for the book. Sam is not initially aware of the agreement. Betty pays no one. Trudy also mowed Bob's yard for $40 in return for Bob's agreement to give the payment to Sally representing Trudy's birthday present to Sally. Bob later refuses to do so saying that promises to give gifts are not enforceable. He then moves out of town. Trudy tells both Sam and Sally that she is broke, that Sam needs to get his $40 for the book from Betty, and that Sally is owed $40 from Bob for her birthday present. What type of third-party beneficiary is Sam?

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

What does the term "parol" in the "parol evidence rule" mean?

There is federal U.S. legislation titled "Statute of Frauds".

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

Which of the following states that in the case of multiple assignments of the same right, the first assignee to give notice of assignment to the obligor is the party with rights to the contract?