Question

A third party who is intended to directly benefit from a contract made by two contracting parties, is called an incidental beneficiary

T/F

If a contract states I assign all my rights under the contract , in most cases the assignment will be considered as assignment of rights but not duties

T/F

In order for an assignment to be valid, you must use an assignment form

T/F

A material breach does not discharge the non-breaching party from his obligations under the contract

T/F

Answer 1

Hello buddy, just to clarify, after each statement you have mentioned T/F, which I'm assuming stands for True or false and those are the answers you're looking for. Since, I'm not completely sure, if there's anything else you are looking for, please drop a comment in the comments section and I shall definitely help you out there.

A) A third party who is intended to directly benefit from a contract made by two contracting parties, is called an incidental beneficiary

Answer - False.

A third party who was NOT intended to benefit from a contract is called an incidental beneficiary. Since, in the given case it was intended, the same cannot be called as incidental beneficiary. An incidental beneficiary has no legal rights over the contract.

B) If a contract states I assign all my rights under the contract , in most cases the assignment will be considered as assignment of rights but not duties

Answer - True

In order to transfer the duties as well, the contract must expressely provide for the same and it should be agreed to by the assignee as well.

C) In order for an assignment to be valid, you must use an assignment form

Answer - True

The government has specified list of forms that are to be used in given circumstances. Hence, for an assignment to be held valid, the prescribed form has to be used.

D) A material breach does not discharge the non-breaching party from his obligations under the contract

Answer - True

It's not enough to simply claim that the other party committed a material breach of contract. The non-breaching party must also be "ready, willing, and able" to perform its obligations under the contract, if it hasn't performed them already.

I hope the above solution is what you were looking for. For any further queries or doubts in the solution, please feel free to drop a comment. Please do leave a positive feedback, Thank you :)