Chapter 18 Correct Assignment Answers

Chapter 18 Correct Assignment Answers - assignment made by...

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3. No. The right assigned called for the performance of personal services. Such a right cannot be assigned without the consent of the person who is to render the personal services. This is particularly true in this case, because this type of assignment, if allowed, would ordinarily increase the burden of performance; ordinarily, it is a greater burden to paint a three story house than a two story house. 5. No. While the assignment transaction involves a third party, it is not a third party beneficiary contract. An intent to benefit the third party is required only in the case of a third party beneficiary contract. In the case of an assignment, there is typically no intention to benefit a third party, and in most instances, the obligor will have no thought of rights being transferred to a third person. The absence of a “benefiting” intent is therefore immaterial to the validity of the
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Unformatted text preview: assignment made by Thomas. 7. No. Julie had only such rights as the policy created. The policy required notice promptly after death. The fact that she was not a party to the contract and had not agreed to the time limitation was irrelevant. She could enforce the contract only according to its terms. By those terms, the time limitation prevented recovery. 9. There was no intent on the part of the contracting parties that any person bitten by a stray dog would have the right to sue the Humane Society. Members of the public were incidental beneficiaries of the contract. 11. Yes. The widow was correct in stating that past benefits could not be consideration, but this did not dispose of the case. The widow loses because no consideration is required for an assignment....
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This note was uploaded on 02/29/2012 for the course BUSINESS 101 taught by Professor Monastersky during the Spring '10 term at Bergen Community College.

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