Fact Pattern 12-1
Four-Square Construction Company enters into a contract with Ben to remodel Carol's Home Store,using products from Delta Building Supplies.Eatery Café is next to Carol's Home Store.The remodeling is a gift from Ben to Carol.
-Refer to Fact Pattern 12-1.The value of Eatery's property will increase after Carol's store is remodeled.Eatery is
A)a delegatee.
B)an assignee.
C)an incidental beneficiary.
D)an intended beneficiary.

Question

Fact Pattern 12-1 
Four-Square Construction Company enters into a contract with Ben to remodel Carol's Home Store,using products from Delta Building Supplies.Eatery Café is next to Carol's Home Store.The remodeling is a gift from Ben to Carol.
-Refer to Fact Pattern 12-1.The value of Eatery's property will increase after Carol's store is remodeled.Eatery is
A)a delegatee.
B)an assignee.
C)an incidental beneficiary.
D)an intended beneficiary.

Quizplus · Accepted Answer

Eatery Café is not a party to the contract and does not have a direct interest in the performance of the contract. Its property value increase is merely an incidental benefit. Therefore, it is an incidental beneficiary.