Question: Q 1 : Delegation ( First Issue ) Smith has a contractual obligation to keep his buildings in good repair. He delegates though this duty
Q: Delegation First Issue Smith has a contractual obligation to keep his buildings in good repair. He delegates though this duty to Powers. List the impermissible delegations found in your textbook. Quote from the textbook the relevant sections to support EACH of your answers NO POINTS for this Category will be awarded without the appropriate, supporting quotes and page numbers. Since a delegation is proper because it is not impermissible, what reasons could Smith give that his delegation to Powers was proper Quote from the textbook the relevant sections to support EACH of your answers NO POINTS for this Category will be awarded without the appropriate, supporting quotes and page numbers. Q: Intended Third Party Beneficiarcy Second Issue Review the rules surrounding Intended and Incidental Beneficiaries from your textbook. Indeed, the "test" of whether a person is "intended" or not is found in the contract language, that is whether the contract "unambiguously expressed a mutual intent to benefit a class of persons." Thus, either the person is expressly named or identified by other means. The contract between Smith and his lessee, Ruppert, did not mention Howst personally. Yet, was Howst a member of a class of persons that could benefit from the insurance requirement? What class is that? Explain by quoting the textbook's relevant sections to support your answer. NO POINTS for this Category will be awarded without the appropriate, supporting quotes and page numbers. Even though the contract between Smith and his lessee, Ruppert, did not mention Howst personally, explain how the contract otherwise identified Howst's class? Explain by applying quotations from the textbook, that is the relevant sections to support EACH of your answers NO POINTS for this Category will be awarded without the appropriate, supporting quotes and page numbers. Given your responses in Q and Q is it possible Howst was an intended Third Party Beneficiary or merely an incidental Beneficiary? Explain your outcome.
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