Third-Party Beneficiaries

Question 1

What are the two types of intended beneficiaries?

Answer 1

(1) creditor beneficiary

(2) donee beneficiary

Question 2

B/w intended and incidental beneficiaries, who has standing to sue to enforce the K?

Answer 2

intended beneficiaries

Question 3

What are the three situations where the third-party beneficiary’s rights vest?

Answer 3

(1) beneficiary brings suit on the matter
(2) beneficiary relies on the K
(3) beneficiary accepts the K at the request of promisor
(4) rights vest under express K terms