third Parties - Third Parties Beyond Offeror/Offeree Third...

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Unformatted text preview: Third Parties Beyond Offeror/Offeree Third Party Beneficiary Someone who was not a party to the contract but stands to benefit from the contract Intended Incidental Intended Beneficiary An intended beneficiary may enforce a contract if the parties intended him to benefit and if either: enforcing the promise will satisfy a duty of the promisee to the beneficiary; or the promisee intended to make a gift to the beneficiary. Incidental Beneficiary Any beneficiary who is not an intended beneficiary is an incidental beneficiary, and may not enforce the contract. 3 rd party beneficiaries the basics: Creditor and donee beneficiaries have enforcement rights Incidental beneficiaries have none Nationwide Discount Furniture hired Rampart Security to install an alarm in its warehouse. A fire would set off an alarm in Ramparts office, and the security company was then supposed to notify Nationwide immediately. A fire did break out, but Rampart allegedly failed to notify Nationwide, causing the fire to spread next door and damage a building owned by Gasket Materials Corp. Gasket sued Rampart for breach of contract, and Rampart moved for summary judgment. What result and why? and why?...
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third Parties - Third Parties Beyond Offeror/Offeree Third...

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