Because there was no such agreement exists which

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Fundamentals of Business Law Today: Summarized Cases
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Chapter 12 / Exercise 1
Fundamentals of Business Law Today: Summarized Cases
Miller
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because there was no such agreement exists which originally benefits D as a third person. If there is any falsification by R was made to BIW and not to D and was not communicated to D. D cannot place claim to third party compensation as a result of misrepresentations to BIW. So, D was not intended as a third party beneficiary. Further, drug testing labs have a duty to the employees to exercise realistic care in conducting the test. One who carry out unreasonably to provide services to another which he/she should identify as essential for the safeguard of a third person is subjected to liability to the third person for substantial harm.
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Fundamentals of Business Law Today: Summarized Cases
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Chapter 12 / Exercise 1
Fundamentals of Business Law Today: Summarized Cases
Miller
Expert Verified
Third Party Beneficiary. David and Sandra Dess contracted with Sirva Relocation, LLC, to assist in selling their home. In their contract, the Desses agreed to disclose all information about the property—information on which Sirva “and other prospective buyers may rely in deciding whether and on what terms to purchase the Property.” The Kincaids contracted with Sirva to buy the house. After the closing, they discovered dampness in the walls, defective and rotten windows, mold, and other undisclosed problems. Can the Kincaids bring an action against the Desses for breach of their contract with Sirva? Why or why not? [ Kincaid v. Dess , 298 P.3d 358 (2013)] (See Third Party Beneficiaries .)
This case primary deals with:
Who is the promisor under the contract? Who is the promisee under the contract? Who is the third party beneficiary in this case?
Relocation as on the following reason: The buyer’s reasonable inspect the house before purchasing did not reveal a seller’s false representatives and later defects were discovered. Buyer is agreeing to fully rely on its rights to inspections, test, surveys granted here in to discover any undesirable or latent conditions of the property. SR makes no representations or warranties regarding the property, its conditions, value or surrounds and may not be held liable or responsible for the damages. The D maintains that the K represented in their contract that they were relying solely on their own opinions and inspections. If David and Sandra knew about the problems with the house and didn't disclose them, then they have misrepresented themselves, and could be guilty of fraud.
A Question of Ethics—Assignment and Delegation. Premier Building & Development, Inc., entered a listing agreement giving Sunset Gold Realty, LLC, the exclusive right to find a tenant for some commercial property. The terms of the listing agreement stated that it was binding on both parties and “their * * * assigns.” Premier Building did not own the property at the time, but had the option to purchase it. To secure financing for the project,

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