A) First-party beneficiary
B) Third-party beneficiary
C) Creditor Beneficiary
D) Second-party beneficiary
E) Assignment
G) A) and B)
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B) False
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A) That Miguel was an intended beneficiary of the agreement between Amy and the association,but that he had no right to sue because he nevertheless lacked standing.
B) That Miguel had standing based on the association's failure to act,but that he nevertheless had no right to bring suit because he was not an intended beneficiary of the agreement between Amy and the association.
C) That Miguel was an intended beneficiary of the agreement between Amy and the association;that he had standing to sue;and that under the terms of the agreement,the association's failure to act gave him the right to proceed.
D) That Miguel could proceed but only if he could convince the association to join its lawsuit with his.
E) That the agreement between Amy and the association addressed issues involving intentional wrongdoing,such as out-of-control parties,not issues involving utilities,and that Miguel,therefore,could not sue.
G) A) and B)
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A) Because it would be too difficult to determine who has contractual rights if privity of contract is not required.
B) Because contracts are private agreements between parties who each agree to give or do something for the other party.
C) Because it would be against public policy to provide rights to a contract to those without privity.
D) Because privity of contract is necessary to ensure a contract is in compliance with the UCC.
E) Because of the statute of frauds.
G) C) and E)
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A) Unenforceable occurrence
B) Delegation
C) Performance
D) Transfer
E) Assignment
G) C) and D)
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The courts ask if a reasonable person in...View Answer
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A) Assignment
B) Performance
C) Delegation
D) Transfer
E) Unenforceable occurrence
G) D) and E)
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A) Jamal is incorrect because his delegation did not affect his obligation to Stephanie.
B) Jamal is correct because he validly delegated that duty to Greg.
C) Jamal is incorrect,but only because the job was for under $1,000.
D) Jamal is correct only because Greg properly painted the house and was,therefore,responsible for ancillary obligations.If Greg had improperly painted the house,Jamal would have still had remaining duties.
E) Jamal is incorrect because the job was for the performance of a personal service,and he had no right to assign either rights or duties under the contract.
G) None of the above
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A) The case was remanded for trial on the issue of whether adequate police protection was provided in view of the fact that the plaintiff was an intended third-party beneficiary to the contract between the school board and the athletic association.
B) The umpire won as a matter of law because although he was not an intended third-party beneficiary to the contract between the defending school board and the athletic association,the defendant had an absolute nondelegable duty to provide protection ensuring that no one was hurt.
C) The defending school board won as a matter of law because the umpire was not an intended third-party beneficiary to the contract.
D) The umpire won as a matter of law because he was an intended third-party beneficiary to the contract between the defending school board and the athletic association,and the defendant had an absolute nondelegable duty to provide protection ensuring that no one was hurt.
E) The defending school board won as a matter of law because although the umpire was an intended third-party beneficiary to the contract,only the athletic association could proceed with a lawsuit.
G) A) and C)
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