Privity of Contract

Description: This quiz will test your understanding of the concept of privity of contract.
Number of Questions: 15
Created by:
Tags: contract law privity of contract
Attempted 0/15 Correct 0 Score 0

What is the principle of privity of contract?

  1. Only the parties to a contract can enforce or be bound by its terms.

  2. A third party can enforce a contract if they are a beneficiary of the contract.

  3. A third party can be bound by a contract if they are an assignee of the contract.

  4. All of the above.


Correct Option: D
Explanation:

The principle of privity of contract states that only the parties to a contract can enforce or be bound by its terms. However, there are some exceptions to this rule, such as when a third party is a beneficiary of the contract or an assignee of the contract.

Which of the following is not a requirement for a third party to enforce a contract as a beneficiary?

  1. The third party must be identified in the contract.

  2. The third party must have a legal interest in the performance of the contract.

  3. The third party must be a creditor of one of the parties to the contract.

  4. The third party must be a donee beneficiary.


Correct Option: C
Explanation:

A third party can enforce a contract as a beneficiary if they are identified in the contract, have a legal interest in the performance of the contract, and are a donee beneficiary. A third party cannot enforce a contract as a beneficiary if they are a creditor of one of the parties to the contract.

Which of the following is not a requirement for a third party to be bound by a contract as an assignee?

  1. The assignment must be in writing.

  2. The assignment must be for consideration.

  3. The assignment must be accepted by the other party to the contract.

  4. The assignment must be for the entire contract.


Correct Option: D
Explanation:

A third party can be bound by a contract as an assignee if the assignment is in writing, for consideration, and accepted by the other party to the contract. However, the assignment does not need to be for the entire contract.

What is the effect of a breach of contract on a third party beneficiary?

  1. The third party beneficiary can sue the party who breached the contract.

  2. The third party beneficiary can recover damages from the party who breached the contract.

  3. The third party beneficiary can rescind the contract.

  4. All of the above.


Correct Option: D
Explanation:

A third party beneficiary can sue the party who breached the contract, recover damages from the party who breached the contract, and rescind the contract.

What is the effect of a breach of contract on a third party assignee?

  1. The third party assignee can sue the party who breached the contract.

  2. The third party assignee can recover damages from the party who breached the contract.

  3. The third party assignee can rescind the contract.

  4. None of the above.


Correct Option: D
Explanation:

A third party assignee cannot sue the party who breached the contract, recover damages from the party who breached the contract, or rescind the contract.

Which of the following is not a defense to a breach of contract claim by a third party beneficiary?

  1. The third party beneficiary was not intended to benefit from the contract.

  2. The third party beneficiary did not suffer any damages as a result of the breach.

  3. The third party beneficiary was not a creditor of one of the parties to the contract.

  4. The third party beneficiary was not a donee beneficiary.


Correct Option: C
Explanation:

The following are defenses to a breach of contract claim by a third party beneficiary: the third party beneficiary was not intended to benefit from the contract, the third party beneficiary did not suffer any damages as a result of the breach, and the third party beneficiary was not a donee beneficiary. However, the fact that the third party beneficiary was not a creditor of one of the parties to the contract is not a defense.

Which of the following is not a defense to a breach of contract claim by a third party assignee?

  1. The assignment was not in writing.

  2. The assignment was not for consideration.

  3. The assignment was not accepted by the other party to the contract.

  4. The assignment was for the entire contract.


Correct Option: D
Explanation:

The following are defenses to a breach of contract claim by a third party assignee: the assignment was not in writing, the assignment was not for consideration, and the assignment was not accepted by the other party to the contract. However, the fact that the assignment was for the entire contract is not a defense.

What is the difference between a third party beneficiary and a third party assignee?

  1. A third party beneficiary is a person who is not a party to a contract but who is intended to benefit from the contract, while a third party assignee is a person who is not a party to a contract but who takes the place of one of the parties to the contract.

  2. A third party beneficiary can enforce the contract, while a third party assignee cannot.

  3. A third party beneficiary can recover damages for breach of contract, while a third party assignee cannot.

  4. All of the above.


Correct Option: D
Explanation:

A third party beneficiary is a person who is not a party to a contract but who is intended to benefit from the contract, while a third party assignee is a person who is not a party to a contract but who takes the place of one of the parties to the contract. A third party beneficiary can enforce the contract, recover damages for breach of contract, and rescind the contract, while a third party assignee cannot.

What are the three main types of third party beneficiaries?

  1. Creditor beneficiaries, donee beneficiaries, and incidental beneficiaries.

  2. Intended beneficiaries, incidental beneficiaries, and remote beneficiaries.

  3. Direct beneficiaries, indirect beneficiaries, and consequential beneficiaries.

  4. None of the above.


Correct Option: A
Explanation:

The three main types of third party beneficiaries are creditor beneficiaries, donee beneficiaries, and incidental beneficiaries.

What is the difference between a creditor beneficiary and a donee beneficiary?

  1. A creditor beneficiary is a person who is owed money by one of the parties to the contract, while a donee beneficiary is a person who is not owed money by either of the parties to the contract.

  2. A creditor beneficiary can enforce the contract, while a donee beneficiary cannot.

  3. A creditor beneficiary can recover damages for breach of contract, while a donee beneficiary cannot.

  4. All of the above.


Correct Option: A
Explanation:

A creditor beneficiary is a person who is owed money by one of the parties to the contract, while a donee beneficiary is a person who is not owed money by either of the parties to the contract. A creditor beneficiary can enforce the contract and recover damages for breach of contract, while a donee beneficiary cannot.

What is an incidental beneficiary?

  1. A person who is not a party to a contract but who benefits from the performance of the contract.

  2. A person who is not a party to a contract but who is harmed by the performance of the contract.

  3. A person who is not a party to a contract but who is owed money by one of the parties to the contract.

  4. None of the above.


Correct Option: A
Explanation:

An incidental beneficiary is a person who is not a party to a contract but who benefits from the performance of the contract.

Can an incidental beneficiary enforce a contract?

  1. Yes

  2. No


Correct Option: B
Explanation:

An incidental beneficiary cannot enforce a contract.

Can an incidental beneficiary recover damages for breach of contract?

  1. Yes

  2. No


Correct Option: B
Explanation:

An incidental beneficiary cannot recover damages for breach of contract.

What is the difference between an assignment and a novation?

  1. An assignment is a transfer of rights under a contract from one party to another, while a novation is a new contract that replaces an existing contract.

  2. An assignment can only be made with the consent of the other party to the contract, while a novation does not require the consent of the other party to the contract.

  3. An assignment can only be made for the entire contract, while a novation can be made for part of the contract.

  4. All of the above.


Correct Option: D
Explanation:

An assignment is a transfer of rights under a contract from one party to another, while a novation is a new contract that replaces an existing contract. An assignment can only be made with the consent of the other party to the contract, while a novation does not require the consent of the other party to the contract. An assignment can only be made for the entire contract, while a novation can be made for part of the contract.

What is the effect of an assignment on the rights and obligations of the parties to the contract?

  1. The assignee steps into the shoes of the assignor and acquires all of the assignor's rights and obligations under the contract.

  2. The assignor is released from all of their rights and obligations under the contract.

  3. The other party to the contract is released from all of their rights and obligations under the contract.

  4. None of the above.


Correct Option: A
Explanation:

The effect of an assignment is that the assignee steps into the shoes of the assignor and acquires all of the assignor's rights and obligations under the contract.

- Hide questions