Mbe Contract Law: Third Party Beneficiaries Flashcards 2025-2026 Updated Questions And Accurate Answers

MBE Contract Law: Third Party Beneficiaries Flashcards 2025-2026 updated questions and accurate answers 100% verified Learn about: - Third party beneficiaries (including creditor, donee, incidental & intended) - Assignment - Delegation Q1 Define third party beneficiary A Person who is not a party to K that K benefits 2 Q What are the types of beneficiaries in the: 1. First Restatement (minority jurisdictions) 2. Second Restatement A1. First Restatement: 1. Creditor 2. Donee 3. Incidental 2. Second Restatement: 0. Intended (includes creditor and donee) 1. Unintended 3 Q Define creditor beneficiary A A third-party beneficiary of the contract; the promisee seeks performance by the promisor to fulfill an obligation owed to the third party creditor beneficiary. 4 QDefine donee beneficiary A A third party beneficiary to the contract; the promisee seeks performance from the promisor in order to make a gift to a third party donee beneficiary. 5 Q Define incidental beneficiary A A third party who benefits from performance of the K, even though the benefit to them wasnt the parties primary intent in forming the K 6 Q What are the incidental beneficiarys rights under the contract? A They do not have any rights to seek enforcement of