Which of the following is a consideration of courts in determining whether a person is an incidental beneficiary or merely an intended beneficiary?
A)The courts ask if a reasonable person in the position of the party in question would believe the contracting parties intended to benefit the party in question.
B)The courts ask if it is substantially certain that the contracting parties intended to benefit the party in question.
C)The courts ask if it can be proven beyond a reasonable doubt that the contracting parties intended to benefit the party in question.
D)The courts ask if the party in question paid something for the rights.
E)The courts ask if the party in question paid at least $500 for the rights.

Question

Quizplus · Accepted Answer

In determining whether a party is an incidental beneficiary,the courts take a reasonable person approach: they ask if a reasonable person in the position of the party in question would believe that the contracting parties intended to benefit him or her.If the reasonable person would believe that the contracting parties consciously intended to benefit him or her,the courts will consider the party an intended beneficiary.Conversely,if the reasonable person would not find such intent,the third party is an incidental beneficiary.

Which of the Following Is a Consideration of Courts in Determining