Third Party Problems

Question 1

Entrustment

Answer 1

entrust a good to a merachant who deals in that kind of good and a BFP purchases

Question 2

Intended Beneficiary

Answer 2

two people entering into a K for a third person who is named in the K

Question 3

recission and 3p bene

Answer 3

either party can rescind or modify until the 3rd party’s rights have vested (look for reliance)

Question 4

assignment of rights to 3P

Answer 4

must show present transfer

consideration not required

can restrict from assignments

cannot substnatially change duties of obligor (e.g. can have a different person accept payment but if it’s a unique service, can’t have a new person give service)

Question 5

mutliple assignments

Answer 5

gift assignemtns - last gratuitous assignee prevails

assignments for considration - first assignee prevails

Question 6

delegatio nof duties

Answer 6

may be delegated without consent

exception - if K language says no delegation

person with speicalskills

delegating party always remains liable unless the parties NOVATE (add the new party instead of me)

a delegatee who gets consideration is liable