Contratos y EjecuciónPregunta 874 de 1605
An 'incidental beneficiary' of a contract differs from an intended beneficiary in that an incidental beneficiary:
a.Is always the property owner
b.Benefits only indirectly and generally has no right to enforce the contract
c.Has full rights to sue on the contract
d.Must approve every change order
Explicación
An incidental beneficiary receives some indirect or unintended benefit from a contract but was not a party the contracting parties intended to benefit; as a result, an incidental beneficiary generally has no legal right to enforce the contract. For example, a nearby merchant who might get more foot traffic from a new building is only incidentally benefited. This contrasts with intended beneficiaries, who can sue; incidental beneficiaries have no such enforcement rights.
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Preguntas relacionadas de este tema
- The doctrine of 'impossibility' (or impracticability) may excuse performance when:
- 'Frustration of purpose' as an excuse for nonperformance applies when:
- A third-party beneficiary who is an 'intended beneficiary' of a contract:
- A contractor's bid submitted to an owner is best characterized in contract terms as:
- 'Promissory estoppel' may allow enforcement of a promise, even without traditional consideration, when:
- A general contractor uses a subcontractor's bid to prepare and win the prime contract, reasonably relying on that bid. If the sub then tries to withdraw the bid, the general may argue the sub is bound under:
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Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)