Cap Does Not Travel
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Contracts1
Example wrong choices
19386_scripture_audio_cap · CONTRACTS · Choice BHannah may recover only if Peter first assigns her the audio-service contract.
Why it's attractive
Assignment sounds like a legitimate way for a nonparty to receive contract rights. The breaker is that the stem already supplies third-party-beneficiary status, so assignment answers the wrong route.
Why it's wrong
Assignment is a real contract-rights route, but it answers a different route from the one in the stem.
Spot it next time
Say: 'TPB route is already in the stem; assignment is not required.'
19386_scripture_audio_cap · CONTRACTS · Choice CHannah cannot recover anything because beneficiaries can never enforce audio-service contracts.
Why it's attractive
The privity reflex makes it feel safe to say an outsider gets nothing. The breaker is the categorical word 'never,' because intended beneficiaries are not categorically barred from enforcing service contracts.
Why it's wrong
The word 'never' overstates the rule by denying all intended-beneficiary enforcement of audio-service contracts.
Spot it next time
Circle 'never' and ask whether the stem directly names the beneficiary.
19386_scripture_audio_cap · CONTRACTS · Choice DHannah may recover the full $26,000 because she did not sign the liability cap.
Why it's attractive
Nonparty status makes the liability cap feel like a private bargain Hannah never accepted. The breaker is the package rule: Hannah's enforcement right and the cap come from the same contract.
Why it's wrong
The answer reverses the package rule by letting Hannah use the contract for the right while escaping the same contract's cap.
Spot it next time
Ask: 'What document creates the right, and what document creates the limit?'
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