FYLSX FYLSX - Baby Bar Third Party Contract Rights 2

Question 1

Assignment of a contract right transfers the assignor's rights to the assignee. Which of the following is generally NOT assignable?

Accepted Answer

A right that would materially change the obligor's duty

Answer

Rights that would materially alter the obligor's duty or risk — such as personal services — are not freely assignable without the obligor's consent.

Question 2

Alice assigns her right to receive $5,000 from Bob to Carol. Bob pays Alice, not knowing of the assignment. Which statement is correct?

Accepted Answer

Bob is discharged because he paid before receiving notice of the assignment

Answer

An obligor who pays the assignor without notice of the assignment is discharged; the assignee's remedy is against the assignor.

Question 3

Delegation transfers the delegator's contractual duties to a delegate. Which of the following duties CANNOT be delegated?

Accepted Answer

The duty to paint a portrait based on personal artistic skill

Answer

Duties requiring unique personal skill or involving personal trust and confidence — such as painting a portrait — cannot be delegated without the other party's consent.

Question 4

When a delegator delegates duties to a delegate, the delegator:

Accepted Answer

Remains secondarily liable unless there is a novation releasing the delegator

Answer

Delegation does not release the delegator from liability; the delegator remains secondarily liable unless the other party agrees to a novation substituting the delegate.

Question 5

An anti-assignment clause in a contract generally:

Accepted Answer

Bars assignment but the assignee may still have a claim for breach of contract damages

Answer

Under the UCC and modern common law, an anti-assignment clause may bar the assignment but does not automatically void it; the breaching party may owe damages rather than the assignment being nullified.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX FYLSX - Baby Bar Third Party Contract Rights 2