Rights of a third party beneficiary item 1 desses

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rights of a third party beneficiaryItem 1DessesItem 2Sirva Relocation, LLCItem 3Sirva Relocation, LLCItem 4DessesItem 5KincaidsItem 6Intended BeneficiaryItem 7Incidental BeneficiaryItem 8YesItem 9NoItem 10Intended BeneficiaryItem 11Creditor BeneficiaryItem 12performance is rendered directly to the third partyItem 13the third party has the right to control details of the performanceItem 14the third party is expressly designated as a beneficiary in the contractItem 15YesItem 16w hen the Desses entered into a contract w ith SirvaItem 17reduces the burden on the courtsItem 18
Is it likely that the court ruled in favor of the Kincaids?In the case, the court focused on the language of the contract. In the contract, the Desses agreed to fully disclose all information about the property. Further, under the terms of the contract, it was agreedthat Sirva and "other prospective buyers" could rely on the Desses' disclosures. Would the Desses havehad a stronger case if the contract was silent as to which parties could rely on the Desses' disclosures?Why?1.the Desses would no longer have been the promisor under the contract2.the contract would not have been binding on the Desses and Sirva3.without the language "other prospective buyer," the court would likely not have found that there was a designated class of third party beneficiaries under the contractThe Correct answer is:Hide FeedbackPartially CorrectCheck My Work FeedbackYes, the Kincaids can bring an action against the Desses for breach of their contract with Sirva. A third person becomes an intended third party beneficiary of a contract when the original parties to the contract expressly agree that the performance shouldbe rendered to or directly benefit a third person. As the intended beneficiary of a contract, a third party has legal rights and can sue the promisor directly for breach of the contract.Here, the Desses agreed in their contract with Sirva to disclose all information about their property. They further agreed that Sirvaand "other prospective buyers" could rely on the Desses' disclosure in deciding "whether and on what terms to purchase the

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