Question
2. Captain Hook, the insured, makes a contract with Peter Pan Insurance Company, the insurer, whereby Captain Hook will pay quarterly premiums of $575.00. Upon
2. Captain Hook, the insured, makes a contract with Peter Pan Insurance Company, the insurer, whereby Captain Hook will pay quarterly premiums of $575.00. Upon Hook's death, $1,000,000 will go to Wendy Little as the beneficiary. Further, the policy required that upon Hook's death, the beneficiary must notify the insurer within three months. Captain Hook did not inform Wendy that she was his beneficiary. Captain Hook died and her policy was not found until four months later. Upon finding the policy, Wendy informed Peter Pan Insurance Company that Hook had passed away, but it refused to pay her the money. Wendy sued claiming that she did not need agree to the time limitations and that she was entitled to the money because she informed them of Hook's death.
Wendy would best be classified as a(n) ______________.
Group of answer choices
A. an intended beneficiary
B. incidental beneficiary
C. delegatee
D. assignee
3. Emma Clumsy, the insured, makes a contract with Rest in Peace Insurance Company, the insurer, whereby Emma will pay quarterly premiums of $200.00. Upon Emma's death, $400,000 will go to her son, Henry as the beneficiary. Further, the policy required that upon Emma's death, the beneficiary must notify the insurer within three months. Emma did not inform Henry that he was her beneficiary. Emma died and her policy was not found until two months later. Upon finding the policy, Henry informed Rest in Peace Insurance Company that Emma had passed away, but it refused to pay him the money. Henry sued claiming that he was that he was not bound by the time limitation because he did not agree to it.
IsHenry correct on his claim that he is entitled to the money?
Group of answer choices
No because even though he is an assignee under the contract, he is bound to the time limitations.
Yes because he is a beneficiary under the contract and he notified in a timely manner.
No because even though he is a beneficiary under the contract, he is bound to the time limitations.
Yes because he is an assignee under the contract.
4. Second Bank lent $250,000 to Waldo. Second Bank required Waldo to obtain a life insurance policy naming Second Bank as beneficiary. While the loan was outstanding, Waldo stopped paying the premiums on the policy. Second Bank paid the premiums, adding the amounts paid to Waldo's loan. Waldo died, and the insurance company refused to pay the policy proceeds to Waldo. Which statement is an incorrect statement regarding Second Bank?
Group of answer choices
Second Bank may enforce the contract.
Second Bank is a donee beneficiary.
Second Bank is a creditor beneficiary.
Second Bank may recover the policy proceeds.
5. Ben Allen operated a store in premises rented from Madison. The lease required Ben Allen to maintain liability insurance to protect Ben Allen and Madison. Tim entered the store, fell through a trap door, and was injured. He then sued Ben Allen and Madison on the theory that he was a third-party donee beneficiary of the lease requirement to maintain liability insurance. Allen and Madison claim that he was not a third-party donee beneficiary. Were Allen and Madison correct?
Group of answer choices
No because he was an assignee under the contract.
Yes because he was an incidental beneficiary under the contract.
Yes because he was a creditor beneficiary under the contract.
No because he was an donee beneficiary under the contract.
9. Kurt hired Dale to remodel and furnish an office suite. Dale submitted plans that Kurt approved. After completing all the necessary construction and painting, Dale purchased minor accessories that Kurt rejected because they did not conform to the plans. Kurt refused to allow Dale to complete the project and refused to pay Dale any part of the contract price. Dale sued for the value of the work performed. Which of the following statements is not applicable?
Group of answer choices
Dale will win because Dale substantially performed and Kurt prevented complete performance.
Dale may prevail because Kurt prevented him from completely performing on the contract.
Dale will not win because Dale materially breached the contract by buying the accessories.
Dale may prevail because he substantially performed.
10. Sharp Shooter agreed to give John Little five archery lessons for $1,000. John agreed to pay the amount for the lessons. Two days later, John decided that he didn't want to start lessons and with Shooter's consent assigns his right under the contract to Robin. Is this a valid assignment?
Group of answer choices
No because Sharp Shooter can never assign his rights.
Yes because John Little could assign the rights with Sharp Shooter's consent.
No because John Little would need Sharp Shooter's consent to the assignment because it materially changes Sharp Shooter's duties under the contract.
Yes because the assignment involved personal skill and would increase Sharp Shooter's duties under the contract.
16. Sharp Shooter agreed to give John Little five archery lessons for $1,000. John agreed to pay the amount for the lessons. Two days later, Shooter realizes that he will not be able to give John the lessons and asks Robin Hood to give John the lessons. John would be classified as a ____________.
Group of answer choices
delegatee
assignor
delagator
assignee
17. Ariel agrees to give Ursula the Sea Witch some singing lessons in return for $750. Ariel owes Sebastian $750 and wants the Sea Witch to pay the $750 to Sebastian the Crab instead of giving it to her. Sebastian the Crab would be a(n) ________________ under the contract.
Group of answer choices
donee beneficiary
assignee
incidental beneficiary
creditor beneficiary
delegatee
18. EmmaClumsy, the insured, makes a contract with Rest in Peace Insurance Company, the insurer, wherebyEmma will pay quarterly premiums of $200.00. Upon Emma's death, $400,000 will go to her son,Henry as the beneficiary. Further, the policy required that upon Emma's death, the beneficiary must notify the insurer within three months.Emma did not informHenry that he was her beneficiary.Emma diedand her policy was not found untilfour months later. Upon finding the policy,Henry informed Rest in Peace Insurance Company thatEmma had passed away, but it refused to pay him the money.Henry sued claiming that he was that he was not bound by the time limitation because he did not agree to it.
Henry may enforce the contract against either Emma or Rest in Peace Insurance Company.
Group of answer choices
True
False
19. Sharp Shooter agreed to give John Little five archery lessons for $1,000. John agreed to pay the amount for the lessons. Two days later, Shooter realizes that he will not be able to give John the lessons and asks Robin Hood to provide the lessons to John. Shooter may delegate his responsibilities to Hood without John's consent.
True
False
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