3rd Party Problems Flashcards
1
Q
Entrustment
A
When merchant who ordinarily deals in goods of kinds, sells to BFP
BFP always wins!
2
Q
Intended 3rd party beneficiary
A
2 parties contract for benefit of 3rd party
Beneficiary can enforce if rights vested (learn of K+ rely)
3
Q
Assignments
A
When 2 parties contract and one part assigned his rights to 3rd party not named in OG K
4
Q
Gift assignments
A
Easily revocable
Last assignee wins unless one with consideration
5
Q
Delegations
A
Party to OG K delegates duty to 3rd party
Other parties consent not required
Delegating party remain liable and new party may be liable if had consideration
6
Q
Can all Ks be assigned?
A
Generally yes. Can even assign requirement and output Ks, as long as doesn’t drastically change quantity.
