1.        Third party Beneficiary. Owens, a federal prisoner, was transferred from federal prison to the Nassau County Jail pursuant to a contract between the U.S. Bureau of Prisons and the county. The contract included a policy statement that required the receiving prison to provide for the safekeeping and protection of transferred federal prisoners. While in the Nassau County Jail, Owens was beaten severely by prison officials and suffered lacerations, bruises, and a lasting impairment that caused blackouts. Can Owens, as a third party beneficiary, sue the county for breach of its agreement with the U.S. Bureau of Prisons? Discuss fully.

2.        Assignment. Rogers agreed with Newton to do the plumbing work as a subcontractor on a construction project. Their contract stipulated that Rogers was to receive $22,100 in three installments. Rogers secured a loan from the Merchants & Farmers Bank of Dumas for $15,500 to pay for the necessary expenses he would incur when he began work and before he had received his first installment from Newton. In return for the borrowed money, Rogers assigned to the bank his rights in the contract he had formed with Newton. On February 11, the bank sent Newton notice of the assignment and asked Newton to make his payment checks payable to Rogers and the bank jointly. Newton agreed in a letter to the bank to do this. On March 12, however, Newton wrote a check for $7,085 payable to Rogers only. Rogers completed the work for Newton and had paid all his expenses except for that owed to one of his suppliers, Southern Pipe and Supply Co. Rogers eventually defaulted on his payments to the bank, and the bank sued Newton for the balance on the note. Newton could not avoid his obligation to the assignee of the note (the bank), but he claimed that he should not be responsible for the bill to Southern Pipe and Supply. He claimed that Rogers' assignment of his contract with Newton to the bank obligated the bank to assume Rogers' duties under the contract (including payments to all suppliers) and that the bank should therefore pay the bill owed to Southern Pipe and Supply. Did Rogers' assignment of his rights in the contract with Newton include a delegation of his duties under the contract as well? Discuss.

3.        Assignment: Abby's Cakes agreed to lease space in a shopping center from Colonial Palms Plaza, Inc. The contract included a provision in which Colonial agreed to pay Abby's a construction allowance of up to $11,250 after Abby's had satisfactorily completed certain improvements to the rented premises. The contract also contained a clause stating that Abby's agreed "not to assign, mortgage, pledge, or encumber this Lease" without first obtaining the written consent of Colonial and that any such "assignment, encumbrance or subletting without such consent shall be void." Prior to the completion of the improvements, Abby's assigned its right to receive the first $8,000 of the construction allowance to Robert Aldana (without first obtaining Colonial's consent). In return, Aldana loaned Abby's $8,000 to finance the construction. Aldana notified Colonial of the assignment by certified mail. After Abby's had completed the improvements to the rented premises, Colonial ignored the assignment and paid Abby's the construction allowance. In Aldana's suit against Colonial for the $8,000 due him pursuant to the assignment, Colonial claimed that the assignment was prohibited by the contract provision and therefore void. Who will win, and why

4.        Assignment. In October 1985, Beatriz Pino signed a five-year employment contract as a radio announcer and disc jockey with two radio stations.. The contract provided that Pino would not "engage directly or indirectly in the broadcasting business * * * in Dade or Broward Counties, Florida, for a period of twelve (12) months after the termination of her employment by the stations." The contract also provided that it was assignable. In December 1986, the stations sold their assets to Spanish Broadcasting System of Florida, Inc. (SBS), and as part of the sale, Pino's contract was assigned to SBS. In October 1989, Pino contracted with Viva, a broadcasting competitor of SBS, to begin working for Viva when her SBS contract terminated in March 1990. SBS asked a Florida state court to grant a temporary injunction to enforce the agreement not to compete. Pino contended that the assignment of the clause containing the covenant not to complete was invalid. Although a Florida statute provided that covenants not to compete could be enforced, it said nothing about such covenants being assignable; Was the covenant not to compete assignable?