Contract Law and Third Party Beneficiaries Chapter Exam

Exam Instructions:

Choose your answers to the questions and click 'Next' to see the next set of questions. You can skip questions if you would like and come back to them later with the yellow "Go To First Skipped Question" button. When you have completed the practice exam, a green submit button will appear. Click it to see your results. Good luck!

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Question 1 1. Which of the following statements is true about a Promisee in a contract?

Question 2 2. An intentional beneficiary:

Question 3 3. Which of the following are the rights/duties of a promisee?

Question 4 4. Which of the following are the rights/duties of a third party beneficiary?

Question 5 5.

Suppose your friend purchased you a Jelly of the Month Club subscription for your birthday. Your friend contracts the folks at Jelly of the Month Club to have a different flavor of jelly shipped to your home each month for a period of one year.

You are the , and it is your friend's obligation to exchange , or payment, for your monthly delivery and Jelly of the Month Club's obligation to send you a new jar of jelly each month for the term of the contract.

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Question 6 6.

In a nutshell, the promisor makes a promise, and the promisee, in turn, has been promised something.

This means the promisor must satisfy _ and the promissee must give _.

Question 7 7.

The contract between the parties becomes an enforceable instrument when what elements are present:

1. An offer

2. Denial of the offer

3. Consideration, like money or something else of value to the parties

4. Capacity

Question 8 8. Generally speaking, there are two parties to a contract. John has promised to Jane $500 on her 18th birthday. In this situation, John is the , whereas Jane is the _.

Question 9 9. Which of the following are the rights/duties of a promisor?

Question 10 10. What duties does a Third Party Beneficiary have to a contract?

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Question 11 11. When does a third party beneficiary's rights vest?

Question 12 12. When a non-party to a contract receives a benefit from a contract and is not specifically named, their benefit is considered _ and they do not hold any rights to the contract.

Question 13 13. Misty's grandfather bought her a git that was paid for but never delivered. Misty is the and can _.

Question 14 14. Clara ordered a new wig on the Internet. The wig she chose was brown with a slight curl. The wig that Clara actually received was bone straight and a purple hue. What can Clara do to remedy this?

Question 15 15. What are the rights of incidental beneficiaries?

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Question 16 16. John purchased a billy goat from Farmer McGee hoping that the goat would chew the grass and weeds in his front yard, reducing the amount of time he will have to garden. The billy goat not only ate the grass and weeds in John's front yard, but also in the yards of several of John's neighbors. Which type of beneficiaries are John's neighbors?

Question 17 17. Sammy orders a candy-gram from Mike's candy shop to be delivered to his mother, Anne. Who is the intentional beneficiary?

Question 18 18. What are the rights of an intentional beneficiary?

Question 19 19.

True or false:

1. Incapacity is an element required for a contract to become an enforceable instrument.

2. One who benefits directly from a contract is an intentional beneficiary.

3. The intentional beneficiary holds more rights and can sue for breach of contract.

Question 20 20. Who is a donee beneficiary?

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Question 21 21.

Your neighbor wants to hire entertainment for the backyard party. He contacted a talent agency to hire the DJ. While the talent agency does not actually spin records, the agency will contact an available DJ to perform for the evening.

The DJ becomes the _ to the contract.

Question 22 22.

A neighbor promises to donate 100 tee shirts to give to all of the guests. The neighbor doesn't have 100 tee shirts, so he will have to order them. The neighbor buys the tee shirts from a third party in order to honor the promise of tee shirts to the neighbor, the second party.

The tee shirt shop is the _.

Question 23 23.

Mabel was the intentional beneficiary of the contract between Paulie and Remy in the sale of Lentil. Paulie purchased the pooch but named Mabel as the owner of the dog. Arrangements were made to have the dog delivered to her home where the dog will reside.

If Remy does not deliver Lentil to Mabel's home in a timely manner as agreed upon, Mabel holds rights to the contract. Further, if Remy delivers a cat instead, Mabel can sue for _.

Question 24 24. When performance is not satisfied, which parties can sue?

Question 25 25. Who is a creditor beneficiary?

Contract Law and Third Party Beneficiaries Chapter Exam Instructions

Choose your answers to the questions and click 'Next' to see the next set of questions. You can skip questions if you would like and come back to them later with the yellow "Go To First Skipped Question" button. When you have completed the practice exam, a green submit button will appear. Click it to see your results. Good luck!

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