Multiple choice questions to Answer

6) In which of the following cases did the court hold that a third party beneficiary has sufficient interest in the enforcement of the promise to entitle the third party beneficiary to sue for damages?

a)Detroit Bank and Trust Co. v. Chicago Flame Hardening Co.

b)Rouse v. United States.

c)Erickson v. Grande Ronde Lumber Co.

d)Drewen v. Bank of Manhattan Co.

7) Daughter hires Painter to paint Dad's house. A condition of Painter's performance requires Daughter to pay 50% of the total price upfront. Daughter does not make the payment, and Painter does not paint Dad's house. If Dad sues to enforce his right to receive performance:

a)Dad will win, because Painter has breached the contract.

b)Dad will win, because Dad's rights are not subject to the condition.

c)Dad will lose, because Daughter has not made the upfront payment.

d)Dad will lose, because Dad's rights have not vested.

8) Son contracts with Landscaper to plant trees in Mom's yard. If Son and Landscaper later change the agreement to plant trees in Son's yard, Mom:

a)will be able to prevent the contract from being changed.

b)will be able to prevent the contract from being changed, because her rights have vested.

c)will not be able to prevent the contract from being changed.

d)will not be able to prevent the contract from being changed, because her rights have not vested.

9) In which of the following cases did the court hold that a condition impacting a party's obligation to perform impacts the ability of the third party beneficiary to enforce that performance?

a)Detroit Bank and Trust Co. v. Chicago Flame Hardening Co.

b)Alexander H. Revell & Co. v. C.H. Morgan Grocery Co.

c)Erickson v. Grande Ronde Lumber Co.

d)Drewen v. Bank of Manhattan Co.

10) Borrower contracts with Landscaper to plant trees in Lender's yard, in part payment of the debt Borrower owes to Lender. The contract provides that Lender's rights are enforceable once Lender provides written assent to the contract. Upon learning of the contract, Lender calls Borrower to thank him and to encourage him to continue working to pay off the debt. If Landscaper never plants the trees:

a)Lender has no rights to enforce.

b)Lender has no rights to enforce, as they have not vested.

c)Lender has rights to enforce.

d)Lender has rights to enforce, the same as if Lender were a party to the contract.