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Metro County Contracts with New Build Inc

Question 68

Multiple Choice

Metro County contracts with New Build Inc. to build a courthouse. New Build hires Odell to excavate the site. Odell's work damages adjacent properties. Metro files a suit against the excavator, who argues that the county is not named in his contract with New Build. Most likely, the court will hold Odell is


A) not liable because Metro is not named in Odell's contract.
B) not liable because Odell's contract was with New Build, not Metro.
C) liable on the ground that Metro is an incidental third party beneficiary.
D) liable on the ground that Metro is an intended third party beneficiary.

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