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Source Third Party Rights Nevada Bar Exam Topic Index Matched to this deck.

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After a deal breaks down, one party sues for relief and the other resists enforcement. A contract named a lender for payment and the promisee later assigned payment rights. One argument was preserved, while another was raised only later. The parties disagree about the legal effect of those facts. Which option gives the best analysis?

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The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Third Party Rights and apply it to the operative facts. Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements. Resolve the dispute on equitable fairness alone without identifying the governing doctrine or its limits. Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument.

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