3d party beneficiary Flashcards

1
Q

two people have an agreement,

A

3d party benefits from our k

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2
Q

incidental 3d party

A

we never talked about this party or intended, but he is going to benefit

never has rights

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3
Q

intended 3d party

A

we wanted to help a 3d party

may have rights

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4
Q

When does 3d party rights vest?

A

learns of it or we tell him and then is in a position to sue

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5
Q

if his rights did vest, does he have the same rights or defenses?

A

Yes

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6
Q

assignment

A

two people have an agreement and one is giving away job or obligations to another person

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7
Q

Are assignments valid?

A

they are valid! no notice needed

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8
Q

assignments must be

A

a present intent to transfer

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9
Q

can you sue him if he does a bad job?

A

yes

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10
Q

can you sue og party?

A

yes, unless there has been a novation

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11
Q

if k says no assignments

A

if you do it, it is valid, but you can get damages for breach

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12
Q

if i said assignmetn is void

A

then you cannot assign

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13
Q

if it says no delegation of duty

A

it is enforceable

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14
Q

if assigning k would materially alter the risk or obligation

A

i cannot do that

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15
Q

if you hired me for my unique or special services

A

you cant (even if the other person has unique services)

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16
Q

assignees only get

A

the rights the og party had

17
Q

if i am going to transfer the right to cash

A

i need to give you notice to give it to bob. Bob cannot sue you