An 'incidental beneficiary' of a contract differs from an intended beneficiary in that an incidental beneficiary:
解析
Civil Code §1559 gives a contract 'made expressly for the benefit of a third person' the right to be enforced by that person — 'expressly' is the word doing the work. A third party who merely gains because the contract exists is incidental and has no claim: the neighbour whose property value rises when you remodel, the supplier who expects more orders if the job goes ahead. (c) describes the INTENDED beneficiary, the contrast this question turns on; a subcontractor named as a payee, or an owner named in a subcontract, can sue on it. (a) is wrong twice over — the owner is usually a party to the prime contract and an intended beneficiary of the subcontracts. (d) invents a consent right; no beneficiary, intended or incidental, controls the parties' changes.
法律依据: Civil Code §1559免费刷完整 1632 道题库 — 无需注册。
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同考点相关题目
- 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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