Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
8 Cards in this Set
- Front
- Back
|
Before Andy and Bonnie were married, they entered into a valid prenuptial agreement. One of the provisions of the agreement stated that "Andy will provide support to Bonnie's minor child, Chris, during the child's minority." Is Chris an intended third party beneficiary of the contract between Andy and Bonnie?
|
Andy is the promisor; Bonnie is the promisee, Chris is the TP. Yes, Chris is an intended TPB. This is a gift promise, and under RI Chris would be a donee beneficiary. Under RII, Chris would be a gift beneficiary.
|
|
|
Chris is a very annoying person to Andy. Andy dislikes Chris very much Believing that the best way to free himself from Chris's annoying behavior is to give Chris a present, Andy secures from Bonnie a promise, in a valid contract, that she will deliver a box of cigars to Chris. Is Chris an intended third party beneficiary of the contract between Andy and Bonnie?
|
Bonnie is the promisor; Andy is the promisee; Chris is the third party. Chris would be an intended TPB under the Second restatement of Contracts because Andy intended to give Chris a gift. But he may not be one under the restrictions of First restatement of contracts because we don't have enough facts to know if Chris falls within the class of persons protected as a donee beneficiary. Andy's son, Chris, is indebted to Deborah. With the purpose of assisting Chris, Andy secures from Bonnie a promise, in a valid contract, to pay the debt to Deborah.
|
|
|
Is anyone an intended third party beneficiary here? If so, who?
|
Bonnie is the promisor; Andy is the promisee; Chris and Deborah are both intended TPBs under the Second Restatement of Contracts.
|
|
|
Andy owes Chris $100. Bonnie promises Andy, in a valid contract, that she will pay Chris $200, both as a discharge of the debt and as an indication of Andy's gratitude to Chris for making the loan. Is Chris an intended third party beneficiary here? How would the repayment be classified under Restatement 2nd?
|
Bonnie is the promisor; Andy is the promisee; Chris is the TP. Yes, Chris is an intended TPB under the Second Restatement of Contracts. $100 would be classified as a debt;
|
|
|
Bonnie enters into a valid contract with Andy to build an expensive building on Andy's land. Chris's adjoining land would be enhanced in value by the performance of the contract. Is chris an intended third party beneficiary under the Andy/Bonnie contract?
|
Bonnie is the promisor; Andy is the promisee; and Chris is the TP. But he's not an intended TPB; Chris is only an incidental beneficiary with no right to assert a claim. Chris was not a debt beneficary, and there are no facts here that indicate that Chris was an intended "gift" beneficiary under the K.
|
|
|
Bonnie enters into a valid contract with Andy to build a building on Andy's land. Bonnie then enters into a valid contract with Chris to supply the lumber needed to construct the building. Is Chris an intended third party beneficiary under the Andy/Bonnie contract?
|
No, Chris is not an intended TPB. Here was no debt owed, and there are no facts that indicate that either party intended to confer a "gift" to Chris.
|
|
|
Is Andy an intended third party beneficiary under the Bonnie/Chris contract?
|
No, Andy is not an intended TPB. Here was no debt owed, and there are no facts that indicate that either party intended to confer a "gift" to Andy.
|
|
|
Andy buys food from Bonnie, a grocer, for household use, relying on Bonnie's express warranty. Chris, Andy's minor child, is injured by consuming the food covered by Bonnie's express warranty. Review UCC Section 2-318 in the statutory supplement, does the express warranty extend to Chris?
|
Yes, even under the most restrictive reading, Chris would be covered.
|
