Chapter 14 - a contract with Fox Estates. The agreement did...

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Question #1 Alexander’s uncle decides to give Alexander a car for Christmas. Uncle pays the full price for the gift and tells Alexander about the present. The car title is transferred into Alexander’s name. In this situation Alexander becomes an intended third party beneficiary. A third party beneficiary, in the law of contracts, is a person who may have the right to sue on a contract, despite not having originally been a party to the contract. This right arises where the third party is the intended beneficiary of the contract. Hence, Alexander as an intended third party beneficiary can sue the Jackson Auto for breaching its contract if they would not deliver the car to him. Question #5 The transfer of contractual rights to a third party is known as an assignment. Canfield had
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Unformatted text preview: a contract with Fox Estates. The agreement did nit contain any prohibitions, restrictions, or limitation against assignments. Canfield assigned his option right for Lot 24 to the Scotts, but the Fax Brothers refused to convey the property to them. In my opinion Scotts have the rights for this land. The assignment of rights in real estate often cannot be prohibited because such prohibition is contrary to public policy. Prohibition of this kind is called restraints against alienation (transfer of land ownership). Thus, the Scotts most likely would win a suit for specific performance against the Fax Brothers. Specific performance is often guaranteed through the remedy of a right of possession, giving the plaintiff the right to take possession of the property in dispute....
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This note was uploaded on 03/11/2011 for the course ACC 101 taught by Professor Corolinsky during the Spring '11 term at SUNY Albany.

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