Chapter 16 Flashcards

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1
Q

Intended beneficiary

A

Someone who may enforce a contract made between two other parties

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2
Q

Promisor

A

Makes the promise that a third party seeks to enforce

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3
Q

Promisee

A

The contract party to whom a promise is made.

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4
Q

Creditor Beneficiary

A

If the promise is fulfilling some duty, the third party beneficiary is called crecitor beneficiary

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5
Q

Donee Beneficiary

A

If the promise is making a gift.

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6
Q

Incidental Beneficiary

A

Someone who might have benefited from a contract between two others but has no right to enforce that agreement

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7
Q

Assignment

A

Transferring contract rights

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8
Q

Delegation

A

Transferring contract duties

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9
Q

Obligor

A

The party obligated to do something.

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10
Q

Assignor

A

the one making the assignment

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11
Q

Assignee

A

The one receiving the assignment.

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12
Q

Any contractual right may be assigned unless assignment

A
  1. Would substantially change the obligors rights or duties under the contract
  2. Forbidden by law or public policy
  3. Validly precluded by the contract itself
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13
Q

Gratuitous assignment

A

One made as a gift for no consideration. Generally revocable if it is oral and generally irrevocable if it is written

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14
Q

Security Interests

A

Rights in personal property that assure payment or the performance of some obligation

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15
Q

Novation

A

A three-way agreement in which the obligor transfers all rights and duties to a third party.

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